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The amendment to the Administrative Procedure Code of 11 August 2021: What does it actually mean, and does it live up to the declarations of the authorities?
new provisions, reprivatisation, government claims
The provisions of the Administrative Procedure Code amended on 11 August 2021 regarding the time limits for invalidating administrative decisions or finding that they were issued unlawfully will come into force on 16 September 2021. What are the real consequences of this amendment? They seem inconsistent with the pronouncements of Poland’s highest state authorities.
State Treasury liability for legal injury during the pandemic
government claims, litigation, coronavirus
Declaration of a state of epidemiological threat and then a state of epidemic, and other legal acts, entails not only introduction of commands and prohibitions in everyday and professional life but also various types of restrictions on business operations. Doctors may be directed to work in hospitals for infectious diseases. Businesses are saddled with new restrictions causing them to generate significant losses. Can damages be sought from the State Treasury due to these restrictions?
Reprivatisation without myths
The issue of reprivatisation is currently being presented through the prism of numerous controversial aspects of restitution processes. This distorts the picture of reprivatisation, which in any event is a limited phenomenon in Poland.
Reprivatisation law must be just
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.
It's not just Giesche
The legal status of holders of pre-war bearer stock certificates remains unresolved.
After reprivatisation: Steps to take and accounts to settle
real estate, reprivatisation
Regaining real estate through the reprivatisation process is the beginning of the stage of mutual settling of accounts with the former public holder of the property and the stage of rectifying the legal status of the property.
Elimination of joint ownership of reprivatised real estate
real estate, reprivatisation
After developed real estate is restored to the heirs of the former owners, it is usually necessary to divide the regained property among its co-owners. This often raises both legal and tax issues.
Compensation for more nationalised real estate in Warsaw
real estate, reprivatisation, Constitutional Tribunal
The Polish Constitutional Tribunal has significantly expanded the set of former owners of properties in Warsaw who are entitled to compensation for seizure of their real estate by communist authorities following World War II.
Damages for unlawful nationalisation may be sought through the courts
reprivatisation, government claims, Supreme Court, litigation
The Polish Supreme Court has upheld the possibility of seeking damages through the courts for nationalised property…