Przegląd orzecznictwa Sądu Najwyższego (październik–grudzień 2024)

The resolution of the panel of seven judges of the Polish Supreme Court of November 20, 2024 (case file no. III CZP 20/23) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumes that failure to adopt a resolution due to the lack of a majority vote by property owners in favor of the resolution cannot justify granting a claim based on Article 25(1) of the Act of June 24, 1994, on the Ownership of Premises. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of November 6, 2024 (case file no. III CZP 27/24). As the Polish Supreme Court indicates, the owner of a property whose value has decreased as a result of the establishment of a restricted-use area is entitled to compensation under Article 129(2) of the Environmental Protection Law, even if the decrease is unrelated to the restrictions specified in Article 135(3a) of that Act. In the resolution of October 16, 2024 (case file no. III CZP 24/24), the Polish Supreme Court states that it is not permissible to encumber land covered by inland flowing waters with a transmission easement.