Supreme Court held the 5-year water law protection period does not bar orders to restore water conditions or pay damages.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland revoked the lower court's decision and remanded the case for retrial. The applicant argued that the five-year protection period under the Water Law barred administrative orders to restore water conditions or impose damages. The court ruled that this time limit only restricts the owner's liability for changes made five years ago, not the administration's power to order restoration or damages for ongoing harm.
Legislator headnote
AI generatedArt. 50 ust. 1 Prawa wodnego; Art. 50 ust. 2 Prawa wodnego: The five-year protection period for water conditions limits the landowner's liability but does not prevent administrative authorities from ordering the restoration of water conditions or the payment of damages when such changes adversely affect neighboring properties.