The Supreme Court with the following ruling bench:
Presiding Judge: Roman Trzaskowski, Supreme Court Judge
Judges: Monika Koba, Supreme Court Judges (rapporteur)
Krzysztof Pietrzykowski, Supreme Court Judge
in the case filed by Z. R. acting as a representative of the group consisting of: (…) against the State Treasury – the State Water Enterprise ‘Wody Polskie’ in Warsaw [Państwowe Gospodarstwo Wodne Wody Polskie w Warszawie] and the (…) Voivodeship for the establishment of the defendants’ liability,
having examined at the hearing at the Civil Chamber on 27th February 2020 the legal issue presented by the Court of Appeals in (…) in the decision of 28th June 2019, file ref. no. I ACa (…),
“1. Whether a regional self-government community – a voivodeship is liable for damages caused by an unlawful act (omission) of the voivodeship marshal committed while exercising public authority within the scope of the tasks delegated by the governmental administration, stipulated in Article 75.1 of Act of 18 July 2001 Water Law (i.e. previous water law with wording published in the Journal of Laws from 2001, No 115, item 1229, with amendments published in the Journal of Laws from 2004, No 116, item 1206)?
2. In the event of positive answer to the question in point 1:
Whether the State Water Enterprise ‘Wody Polskie’ in Warsaw [Państwowe Gospodarstwo Wodne Wody Polskie w Warszawie] joined the proceedings under Article 534.5 subpoint 3 of Act of 20 July 2017 Water Law (i.e. the new Water Law, Journal of Laws from 2017, item 1566) by operation of law as of 1st January 2018, replacing the voivodeship which participating in the case so far?”
passes a resolution:
1. The voivodeship is liable for the damages caused by voivodeship marshal’s unlawful acts or omissions committed while exercising public authority within the scope of the tasks delegated by the governmental administration, set forth in Article 75.1 of Act of 18 July 2001 Water Law (consolidated text: Journal of Laws from 2017, item 1121 with amendments);
2. In the civil proceedings for payment for unlawful acts or omissions committed while exercising public authority, set forth in Article 75.1 of Act of 18 July 2001 Water Law (consolidated text: Journal of Laws from 2017, item 1121 with amendments), initiated before the date of the entry into force of the Act of 20 July 2017 – Water Law (Journal of Laws from 2018, item 2268, with amendments), the State Water Enterprise ‘Wody Polskie’ in Warsaw [Państwowe Gospodarstwo Wodne Wody Polskie w Warszawie] is not replacing the voivodeship under Article 534.5 subpoint 3 thereof.