Legislator Case Law & Legislation
III RN 178/99 AI generated

Court held that fines for discharging wastewater without a permit are distinct from water usage fees under Polish Water Law.

Case Number III RN 178/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court upheld a fine imposed on a coal mine for discharging saline waters without a permit, rejecting the lower court's attempt to classify it merely as a usage fee. The court clarified that while Article 56 of the Water Law mandates a fee for such discharge, Article 130 specifically imposes a separate monetary penalty for violating required conditions, including the lack of a permit. Consequently, the entity must pay both the usage fee and the distinct penalty for the procedural violation.

Legislator headnote

AI generated

Art. 56 ust. 1 Prawa wodnego; Art. 130 ust. 1 i 6 Prawa wodnego: A facility discharging wastewater without a permit must pay both a special usage fee and a separate monetary penalty for violating required conditions, as these are distinct legal liabilities.

Keywords

AI generated
Water Law monetary penalty wastewater discharge permit requirement administrative fine usage fee legal distinction

Cited Legislation

AI generated
Art. 56 ust. 1 of the Water Law
Art. 130 ust. 1 and 6 of the Water Law
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 of the Code of Civil Procedure
Regulation of the Council of Ministers of 20 June 1995 on the principles and procedure for determining monetary fines
art. 236 ust. 2 Konstytucji

Cited Case Law

AI generated
OPS 8/99, ONSA 2000 No. 1, p. 4

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