Unlawful acts of public authority

The issue of unlawful acts and omissions generates some of the greatest controversy in the case law surrounding claims for damages against public authorities. It requires proof from which the court can conclude that a specific act or failure by public bodies was contrary to law.

Damages for legislative unlawfulness

If injury is caused by a defective normative act, it may be unclear where to seek damages—from the State Treasury or from local government—particularly in cases where the actions of these defendants may not be regarded as unlawful.

The practice of obtaining a predicate ruling requires reform

Pursuing compensation from the State Treasury for loss caused by issuance of an unlawful judgment is predicated on obtaining a finding in an earlier proceeding that the judgment was unlawful. But the regulations governing how to obtain such a predicate ruling generate serious doubts.

Liability of the State Treasury for loss caused by overlengthy judicial proceedings

Jak ocenić, czy postępowanie sądowe jest przewlekłe, i jak dochodzić odszkodowania, jeśli przewlekłość postępowania spowodowała szkodę.

State Treasury’s liability in damages for defective tax decisions

The defectiveness (unlawfulness) of a tax decision isn’t enough. Injury must also be proved, and an ordinary causal link between issuance of the decision and the injury.

Is the State Treasury liable for poor snow removal from the roads?

Under Art. 417 of the Civil Code, the State Treasury is liable for injury caused in exercise of public authority. It’s usually not too hard to determine whether the state is acting as a party to civil dealings and when it is exercising authoritative competencies. Nonetheless, there are some activities of public entities that are not clearly authoritative but should be deemed to be the exercise of public authority, the Supreme Court of Poland held in its judgment of 6 June 2014 (Case III CSK 211/13).