SRC Law Firm represented a client, one of the leading service providers in Poland in the field of energy management, water and sewage and waste management, before the Provincial Administrative Court.
The case concerned a line of rulings by provincial administrative courts unfavorable to the client, which indicated that a tax authority could deny a taxpayer a real estate tax exemption, citing the risk that such exemption may breach EU regulations on de minimis aid, and thus will constitute unlawful state aid.
As a result of a complaint filed by SRC Law Firm, the Provincial Administrative Court in Łódź issued a judgment favorable to our client, which breaks this line of jurisprudence and indicates that the tax authority does not have the right to invoke the risk of breach of EU de minimis aid regulations to deny a taxpayer an exemption from paying property tax.
The case was handled on behalf of SRC Law Firm by Alicja Popłonkowska-Dębińska, attorney at law.
“We are pleased that our work has helped bring about a break in this unfavorable of rulings by administrative courts, which has harmed, and unfortunately continues to harm, many honest entrepreneurs who have so far been unable to obtain a defense of their rights in this regard before Polish courts” – stated Łukasz Caban, partner of the SRC Law Firm.
