claims expiration

Dochodzenie roszczeń związanych ze szkodą wyrządzoną wadliwą decyzją administracyjną

Author: Agnieszka Łąpieś-Rosińska
Institution: Wojewódzki Sąd Administracyjny w Warszawie
Year of publication: 2014
Source: Show
Pages: 163-179
DOI Address: https://doi.org/10.15804/tpn2014.2.10
PDF: tpn/7/TPN2014210.pdf

The issue of pursuance of claims connected with damage inflicted by defective administrative decision was regulated by section 160 of the Administrative Procedure Code (APC) until 1 September 2004. The section was the basis for pursuance of claim in connection with ascertaining invalidity of administrative decision or a decision issued with breach of the law. However, since 1 September 2004, i.e. after the amendment of the Civil Procedure Code(CPC) came into force, the basis for liability for damage caused by final administrative decision issued before 1 September 2004 – even if its invalidity or issuing with breach of law were established after that date – constitutes section 160 of the APC - but only in the aspect of determining the wrongful act or premisses of responsibility (clauses 1–3) and also prescription of claim (clause 6). It is not applicable to the procedure (mode) of pursuance of claim (clause 4&5). In the present law, regardless of the date of issue of decision, the appropriate and only way of pursuance of claim is a lawsuit in court. This means that the administrative mode has been excluded, regardless of the basis of responsibility arising from section 160 of the APC or section 417(clause 2) of the CPC. The range of responsibility for defective decision issued before 1 Sept 2004 has also been differentiated, since the party claiming damage can demand compensation for sustained losses and lost benefits on the basis of section 160 of the APC – if the damage was caused between 17 Oct 1997 and 31 Aug 2004. If the damage was caused before 17 Oct 1997, the party can only demand compensation for sustained losses.

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