Supreme Court dismissed coal mine's appeal, ruling new mining law does not retroactively cover pre-1991 water pipes.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the coal mine's appeal against the administrative commission's order to pay for water infrastructure repairs. The mine argued that the 1991 amendment to the Mining Law should apply retroactively to pipes built before that date, while the opposing parties contended the obligation applies only to newer facilities. The court rejected this claim by applying the principle of non-retroactivity, noting that the new law's purpose was to cover future damages and not to alter established rights regarding pre-existing infrastructure.
Legislator headnote
AI generatedArt. 64 ust. 2 dekretu z dnia 6 maja 1953 r. - Prawo górnicze; Art. 3 k.c.: The obligation of a mining enterprise to cover the costs of operating and repairing public water supply equipment applies only to equipment constructed after the entry into force of the amending Act, as the principle of non-retroactivity prevails absent clear legislative intent for retroactive application.