XII C 1799/16
AI generated
Court partially allows claim for property devaluation damages and statutory interest from notice date.
Poland (PL)
Legislator summary
AI generatedThe court ordered the defendant to pay 93,600 PLN in damages for property devaluation plus statutory interest calculated from the date of the payment demand. The plaintiff argued that airport noise restrictions caused the loss, while the defendant denied causation and claimed no liability. The court ruled that the defendant, as a professional entity, should have known the impact and failed to negotiate after receiving the demand, making the claim valid.
Legislator headnote
AI generatedArt. 455 k.c.; Art. 466 k.c.: A claim for damages arising from property devaluation due to airport restrictions is valid if causation is established, and statutory interest runs from the date of the formal demand for payment.
Keywords
AI generated
property devaluation damages
airport noise restrictions
statutory interest calculation
causation requirement
payment demand notice
Cited Legislation
AI generatedArt. 455 k.c.
Art. 466 k.c.
art. 317 § 1 k.c
art. 361 § 2 k.c
art. 140 k.c
art. 144 k.c
art. 455 k.c
art. 481 § 1 k.c
Cited Case Law
AI generatedIII CZP 128/09
Supreme Court dismisses claim for compensation under tort law, ruling it must be sought under environmental law instead.
II CSK 685/09
III CZP 57/01
Insurance liability covers depreciation loss when repairs fail to restore a vehicle's pre-accident market value.
I ACa 1028/10
I ACa 864/09
I ACa 210/10