Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
XII C 2294/16 AI generated

Court partially allows claim for property value loss and interest against airport zone authority.

Case Number XII C 2294/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court partially granted the plaintiffs' claim for compensation regarding the loss of property value and statutory interest. The plaintiffs argued that the creation of an airport restricted use zone caused a measurable decline in their property's market value, which the defendant, a professional entity, should have anticipated. The court ruled that the loss of value constituted a compensable damage and awarded the requested amount, while also ordering interest from the day following the formal demand for payment.

Legislator headnote

AI generated

Art. 455 k.c.; Art. 481 § 1 k.c.: The court established that a measurable loss in property value due to regulatory zoning constitutes compensable damage, and statutory interest accrues from the day after a formal demand for payment if the debtor delays fulfillment.

Keywords

AI generated
airport restricted use zone property value loss statutory interest claim compensable damage professional entity duty

Cited Legislation

AI generated
Art. 455 k.c.
Art. 481 § 1 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 generated
I ACa 1028/10
I ACa 864/09
I ACa 210/10
I ACa 620/09
I ACa 772/09
III 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.
AI generated
I ACa 403/20
Court partially allowed appeal on interest start dates, dismissing further claims for property damage compensation.
I C 807/16
Court awards property damage compensation and statutory interest to plaintiff against developer for noise and restricted use zone.
XVIII C 184/15
Court awarded damages for noise and property value loss but rejected early interest claims against a developer.
XII C 322/16
Court awards damages for property devaluation due to airport noise zone and statutory interest from demand date.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text