Legislator Case Law & Legislation
III RN 51/97 AI generated

Supreme Court dismisses extraordinary review, allowing water law penalty reduction for pre-punishment environmental remediation.

Case Number III RN 51/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Minister of Justice's extraordinary review against the Supreme Administrative Court's decision. The Supreme Administrative Court ruled that a water utility company could reduce its monetary penalty because it had removed the cause of the fine by installing sewage treatment facilities before the penalty was imposed. The Supreme Court agreed that the law's purpose is to stimulate such investments, rejecting the argument that pre-existing remediation automatically disqualifies a facility from penalty relief.

Legislator headnote

AI generated

Art. 130 c ust. 2, 7 Prawa wodnego; The Supreme Court established that removing the cause of a water penalty before imposition does not preclude its reduction, as the law aims to incentivize environmental investment.

Keywords

AI generated
extraordinary review dismissal water law penalty reduction environmental remediation incentive pre-punishment compliance administrative law interpretation

Cited Legislation

AI generated
Art. 130 c ust. 2 and 7 of the Water Law of 24 October 1974
Art. 27 ust. 1 of the Act of 11 May 1995 on the Supreme Administrative Court
Art. 393 12 of the Code of Civil Procedure
Act of 1 March 1996 on amending the Code of Civil Procedure

Cited Case Law

AI generated
Decision of the Supreme Administrative Court in Warsaw of 28 January 1997

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