On 17 September 2016, the Act of 25 June 2015 amending the Act on Real Estate Management and the Family and Guardianship Code, i.e. the Small Reprivatisation Act, came into effect. This Act does not actually have much to do with reprivatisation and it could be said that it was adopted in the interests of the capital city of Warsaw and the State Treasury. The amendments adopted in the Act were approved by the Constitutional Tribunal in a ruling of 19 July 2016 (Kp 3/15), which means there is little practical point in discussing whether the Small Reprivatisation Act complies with the Constitution. All that remains is to examine the new provisions in terms other than the constitutional concerns to which they may give rise. And problems in this respect are major.
DZP's Real Estate Practice has successfully finalised an unusual Decree case in which Decree decisions negative for the heir of the former owners were passed 10 years ago and confirmed at that time by a final and non-revisable administrative court judgment dismissing an appeal against these decisions. The measures taken by DZP, indicating that authorities and courts had moved away in later years from the interpretation of the Warsaw Decree that lay at the basis of the above judgments, enabled these decisions unfavourable for our client to be changed.
DZP has achieved another success in a high-profile case involving the reprivatisation of real estate at Al. Ujazdowskie 23 in Warsaw. In its judgment of 3 September 2015 the Regional Court in Warsaw awarded over PLN 21 million plus interest (to date, approx. PLN 20 million) against the Republic of Serbia to the Gawroński family as remuneration for the non-contractual use by the Republic of Serbia and its predecessors of the building at Al. Ujazdowskie 23 owned by the Gawroński family.
On Monday, 27 October, Gazeta Stołeczna organised a workshop on the reprivatisation of real estate in Warsaw used by schools and pre-schools. During the meeting, officials, politicians, teachers, parents and activists discussed how to protect educational establishments threatened by reprivatisation when there is still no Reprivatisation Act. DZP lawyers invited to join the debate were reprivatisation experts Lech Żyżylewski and Piotr Gołaszewski.
DZP's Real Estate Practice has successfully concluded a case it was conducting for Polski Związek Łowiecki [Polish Hunting Association] over acquisition of rights to real estate at ul. Nowy Świat in Warsaw, which has been this well-deserved Association's registered office for many years. The real estate in question was, after reprivatisation, restored several years ago to the heirs of its pre-war owner, which raised a question over it continuing to house the PZŁ's head office.
After several years of conducting a number of court and administrative proceedings, DZP’s Real Estate Practice has successfully ended a case for a client from the USA. The case involved title to developed real estate in Krakow being restored to her followed by the sale of her share in the property.
DZP has again achieved a significant success in a highly-publicised case involving the reprivatisation of real estate at Al. Ujazdowskie 23 in Warsaw. On 13 March 2014 the Supreme Court issued an order that dismissed the Republic of Serbia's cassation appeal in a precedential case that has drawn a great deal of interest for it to be declared that Serbia acquired this real estate by acquisitive prescription. In the dispute DZP represented the Gawroński family which recovered the real estate pursuant to the provisions of the 1945 Warsaw Decree.
The Supreme Court has dismissed a State Treasury appeal against a judgment awarding our client damages for the loss of real estate unlawfully taken over under the Warsaw Decree of 1945. The Court found that a final decision within the meaning of article 160 § 6 of the Code of Administrative Procedure is the second decision of a minister or local board of appeal issued as a result of a case review application being upheld.
On 23 May 2013 the Supreme Court overturned an order issued by the Regional Court in Warsaw and referred back to this Court for re-examination a high-profile case concerning the State Treasury's acquisitive prescription of a decree building at Pl. Dąbrowskiego/ul. Kredytowa in Warsaw.
DZP has again achieved success in a high-profile case involving the reprivatisation of real estate at Al. Ujazdowskie 23 in Warsaw. In a judgment of 7 March 2013 the Supreme Administrative Court dismissed the Republic of Serbia's appeal against a judgment passed by the Voivodship Administrative Court in Warsaw dismissing Serbia's appeal against a decision issued by the Ministry of Internal Affairs and Administration (now the Ministry of Internal Affairs) refusing to issue a permit for Serbia to acquire this real estate through acquisitive prescription.
DZP, representing one of the largest banks operating in Poland, wins a case for the reprivatisation of real estate at ul. Wolska in Warsaw. By way of a judgment of 6 February 2013 the Supreme Administrative Court overturned a judgment passed by the Voivodship Administrative Court in Warsaw that was unfavourable for our client and referred the case back to the Court for re-examination.
On 4 February 2013 DZP obtained another Court of Appeal judgment favourable for the capital city of Warsaw in a dispute over the City's use of buildings in the historic Pałac Błękitny complex at ul. Senatorska. On 23 January 2013, the Supreme Court had refused to hear an appeal filed in another thread of the dispute by Theta Investments Sp. z o.o.
On 20 December 2012 the Court of Appeal in Warsaw issued a judgment that dismissed an appeal brought by the capital city of Warsaw against a Regional Court judgment obliging the City to file a declaration of intent to extend the term of the perpetual usufruct for real estate located in an area covered by the Warsaw Decree of 1945, which – as the defendant claimed – was still in an area covered by the decree during the proceedings.
On 6 December Lech Żyżylewski, a reprivatisation expert and Head of the Real Estate Practice at our law firm, took part in a debate on "Reprivatisation claims – a brake on the economy or a chance for development?" organised by the law firm Wardyński and Wspólnicy. Lech spoke on a panel for "Perspectives for bringing reprivatisation claims (using the examples of Warsaw land, agricultural and industrial real estate) and the effect of these claims on business in Poland".
On 25 June 2012 the Regional Court in Warsaw issued an order dismissing an appeal filed by the Republic of Serbia in a precedential case that has aroused widespread interest for recognition of Serbia's acquisitive prescription of real estate at Aleje Ujazdowskie 23 in Warsaw on which stands a historic palace. In the case DZP represented the Gawroński family, which recovered the real estate pursuant to the provisions of the Warsaw Decree of 1945.
On 27 March 2012 DZP obtained a Court of Appeal judgment favourable for the capital city of Warsaw in a case brought by Theta Investments Sp. z o.o. for remuneration for the City's non-contractual use of buildings in the historic Pałac Błękitny complex at ul. Senatorska in Warsaw.