The adoption by an administrative authority of an erroneous decision refusing (once or even several times) a building permit (“GNP”) may result in material damage to the INVESTOR, which includes, inter alia: (a) damage to the extended financing of the intended investment (b) damage due to lost transactions to dispose of premises in the intended investment (d) damage due to delayed completion and settlement of the investment. According to the Supreme Court, the administrative authorities are also liable for damages resulting from the adoption of invalid judgments and inconstrictive administrative decisions.
This issue was clarified in the resolution of the seven Judges of the Supreme Court of 26 April 2006, III CZP 125/05. The legal basis for claims for damages and liability of the State Treasury is Art. 417 k.c. Liability of the State Treasury pursuant to Article 417 § 1 k.c. does not require any prejudicate (cf. judgment of SA in Bialystok of 15 November 2017, I ACa 467/17). A model of an example of a request for compensation for refusal of GNP attached.
There are two fundamental questions raised by covid-19 business bans: 1. Have the provisions of the relevant regulations , to the extent that they prohibit economic activities, been adopted within the limits of the statutory mandate granted by the Act on combating infectious diseases. The …
Business bans due to CovidIn law studies, we discussed Max Scheler’s excellent book “Problems of Sociology of Knowledge”. Among other things, the author tried to determine why there was no industrial revolution in ancient Greece, even though the level of mathematical and engineering knowledge was already sufficient to build …
Time Travel with Max SchelerI had great pleasure and honor to participate in the Jubilee of Work of Prof. Andrzej Kidyba and even met me with the honor of committing a modest article in the Memorial Book. Prof. Wojciech Katner’s wonderful laudate speech The Excellent Alphabet of Prof. Kidyby …
Great Honor
