I C 296/10 AI generated

Court dismissed claim for land use fees, allowed partial payment, and ordered cost allocation based on procedural withdrawal.

Case Number I C 296/10

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2013-05-22

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's claim for land use fees regarding a gas pipeline easement but awarded a partial sum of 443 zł with interest. The plaintiff argued the defendant was in bad faith for using the land without a title, while the defendant contested the scope of the claim. The court ruled that the plaintiff had effectively withdrawn the suit regarding the specific period in question, leading to a dismissal of that portion while awarding costs to the defendant.

Legislator headnote

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Art. 224, 225, 230 Kc; The court may dismiss a claim if the plaintiff withdraws it or if the facts no longer support the demand, while simultaneously allocating procedural costs based on the degree of success achieved by each party.

Keywords

AI generated

land use fees easement compensation procedural withdrawal costs allocation bad faith possession gas pipeline civil procedure

Cited Legislation

AI generated

art. 224 Kc

art. 225 Kc

art. 230 Kc

art. 455 Kc

art. 481 Kc

art. 100 Kpc

art. 98 Kpc

art. 113 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych

art. 352 § 1 k.c

art. 352 § 2 k.c

Cited Case Law

AI generated

III PZP 17/70

OSNCP 1973, nr 5, poz. 72

Supreme Court allows compensation for land use easement despite lack of proven agricultural loss to plaintiff.

Supreme Court dismisses cassation appeal regarding utility easement acquisition by prescription without specific servient land. The court allows factual findings on easement acquisition by prescription without specific servient land. The court dismisses the appeal, allowing the lower court's finding that an easement by prescription can be established without specifying the servient land, citing established precedent. The court dismisses the appeal, allowing the lower court's finding that an easement by prescription can be established without specifying the servient land, citing established precedent.

Supreme Court allows easement acquisition by utility company without specifying dominant land under Civil Code.

Supreme Court dismisses appeal, upholding easement acquisition by prescription for energy infrastructure use.

Supreme Court dismisses appeal, ruling that utility lines acquire easement by prescription under Polish Civil Code.

III CZP 64/02

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