SRC Law Firm represented a foreign investor, the owner of one of the largest and most recognizable skyscrapers in Warsaw, before the Supreme Administrative Court in a case brought by the heirs of the former owners of the land.
The proceedings concerned the annulment of a 1951 decision of the Presidium of the National Council of the Capital City of Warsaw refusing to grant temporary ownership of the property to the previous owners.
The competent minister annulled the aforementioned ruling in the part concerning the land on which the Client’s building is located.
On behalf of the Client, SRC Law Firm filed a complaint against this decision, which complaint was upheld by the Provincial Administrative Court in Warsaw in 2020.
Against the judgment favorable to the Client, the other party filed a cassation appeal with the Supreme Administrative Court.
The Supreme Administrative Court shared the position of SRC on the correctness of the Provincial Administrative Court’s judgment, in which the court ruled that the 1951 decision was correct, as the designation of the plot in the zoning plan in force at the time was incompatible with the granting of the temporary ownership right.
In the course of the proceedings, the issue of suspension of the proceedings before the Supreme Administrative Court was also raised, due to the pending proceedings in the Constitutional Court concerning the assessment of the constitutionality of the 2021 amendment to the provisions of the Code of Administrative Procedure, which introduced the impossibility of conducting cases for the annulment of administrative acts issued more than 30 years ago. The Supreme Administrative Court, sharing the argumentation of SRC, refused to suspend the proceedings, stating that the new law, dealt with by the Constitutional Court had come into force after the contested decision and verdict of the Provincial Administrative Court were issued.
The case was conducted on behalf of the SRC by Alicja Popłonkowska-Dębińska, attorney at law.
