Civil courts have jurisdiction over property purchase requests under the Environmental Protection Act.
Legislator summary
AI generatedThe Supreme Court ruled that ordinary courts, not administrative bodies, are competent to hear requests for property purchase or exchange under Article 84 of the Environmental Protection Act. The Ombudsman argued for administrative jurisdiction based on the nature of the dispute, but the Court emphasized that such proceedings involve civil property rights and lack explicit administrative authorization. Consequently, the decision clarifies that the path of ordinary courts applies to resolve these civil disputes.
Legislator headnote
AI generatedArt. 84 ust. 1 ustawy z dnia 31 stycznia 1980 r. o ochronie i kształtowaniu środowiska; Art. 2 § 1 KPC: Ordinary courts are competent to adjudicate civil property disputes regarding the purchase or exchange of land under the Environmental Protection Act, as these matters do not fall within the exclusive jurisdiction of administrative bodies.