Verdict of the Regional Court in Opole 1st Civil Division of 20th June 2013
I C 454/10
The ruling was reversed by the judgement of the Court of Appeals in Wroclaw dated 20th November 2013, file ref. no. I ACa 1232/13.
- The provision of Article 417 CC provides for compensatory liability for a damage caused by a tort defined as ‘unlawful activity or cessation thereof in exercise of public authority’. It constitutes a general basis for liability of the public authorities for their acts in their sovereign capacity, which does not apply or applies to a limited degree only where the legislator determines consequences of certain acts of public authorities by means of a separate regulation.
- Any and all actions undertaken both by government administration bodies and units of territorial self-government related to the flooding of May 2010 were acts from the scope of exercise of public authority.
The above information was prepared based on public information provided by the President of the Regional Court in Opole.
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