Supreme Court allows land return decision despite permanent custody, ruling no gross legal violation occurred.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the General Prosecutor against a lower administrative court's decision. The court found that issuing a return of land order while it remains in permanent custody does not constitute a gross violation of law. This conclusion was reached because the statutory framework and judicial interpretation support such decisions, and the new 1997 property law clarifies that return orders automatically terminate custody rights.
Legislator headnote
AI generatedArt. 69 ust. 1 ustawy o gospodarce gruntami i wywłaszczaniu nieruchomości; Art. 136 ust. 3 ustawy o gospodarce nieruchomościami: The Supreme Court held that issuing a decision to return land to a former owner, even if the land remains in permanent custody of an organization, does not amount to a gross violation of law.