In a case led by Wardyński & Partners, the firm obtained a ruling from the Supreme Court favourable to owners of buildings as well as communal tenants, establishing the rule of the liability of the City of Warsaw for non-contractual use of the property.
The EU’s Succession Regulation (650/2012), which went in force on 17 August 2015, permits a choice of the law that will govern inheritance from a decedent. In the context of Polish reprivatisation cases, the best choice is Polish law.
An interview with Krzysztof Wiktor, a partner at Wardyński & Partners who co-heads the Reprivatisation Practice, about the little reprivatisation act, a controversial ruling by the Constitutional Tribunal, and current trends in the case law.
Owners of Warsaw property still face barriers in taking over possession of buildings from the city, even though the rules governing delivery of possession were established in an order issued by the Mayor of Warsaw in 2008.
Decision to sell units in a building covered by the Warsaw Decree: A source of injury in pursuing claims for damages
After reprivatisation proceedings lasting many years, the legal successors of the former owners of real estate manage to regain the property that was once lost. But often the current value is grossly low, which justifies pursuing compensatory damages.