Supreme Court held that a 1954 expropriation order is invalid if the property was not seized for public use during the war period. The court ruled that the lower court's order to restore possession does not prove the property was seized for public use. The Supreme Court found the lower court failed to verify the public use requirement under the 1948 Decree.

The Supreme Court of Poland partially allowed the President of the City's appeal against a 1999 administrative decision confirming the invalidity of a 1954 expropriation order. The city argued the property was seized for public use between September 1939 and May 1945, while the applicant claimed a 1954 court order restoring possession disproved this seizure. The court determined that without explicit evidence in the lower court's reasoning that the public use obstacle was considered and found absent, the order cannot serve as proof of non-seizure for public purposes.