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XII C 695/13 AI generated

Court partially allowed noise damage claim, awarding 32,750 PLN for acoustic renovation and interest.

Case Number XII C 695/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's claim for 50,000 PLN regarding necessary acoustic insulation but awarded 32,750 PLN for the actual renovation costs. The defendant argued against liability, while the plaintiff cited airport noise and restricted use zones as the cause of property devaluation. The judgment established that the plaintiff must bear the cost of acoustic adaptation but is entitled to compensation for verified expenses and statutory interest.

Legislator headnote

AI generated

Art. 455 k.c.; Art. 481 § 1, 2 k.c.; Art. 98 kpc; Art. 100 kpc: The court awards compensation for specific property damage costs verified by expert opinion and grants statutory interest from the date of the lawsuit, while dismissing excess claims and allocating litigation costs based on the outcome.

Keywords

AI generated
noise pollution damage acoustic renovation costs statutory interest claim property devaluation airport restricted zone expert opinion valuation litigation cost allocation

Cited Legislation

AI generated
Art. 455 k.c.
Art. 481 § 1 k.c.
Art. 481 § 2 k.c.
Art. 98 kpc
Art. 100 kpc
art. 244 § 1 k.p.c
art. 245 k.p.c
art. 455 k.c
art. 481 § 1 k.c

Cited Case Law

AI generated
III CZP 68/01
Court rules insurance compensation for vehicle damage must include VAT if the claimant is not a VAT payer.
AI generated
XVIII C 693/15
Court partially allowed acoustic renovation costs claim against company for environmental zone damage.
I ACa 1278/14
Court reduces noise damage compensation under Environmental Protection Law by correcting misinterpretation of property value loss rules.
I ACa 1264/17
Court dismisses appeal regarding delayed compensation interest, ruling it accrues from claim filing date.
XII C 1217/14
Court awarded damages and statutory interest to plaintiffs for property devaluation and acoustic renovation against a company.
I ACa 1276/15
Appellate court dismisses appeal in property damage case where plaintiff successfully claimed loss of value due to airport expansion.

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