Win in dispute with Commission for Reprivatisation of Warsaw Properties
In two non-final judgments of 22 May 2019 (cases I SA/Wa 2145/18 and I SA/Wa 2146/18), the Province Administrative Court in Warsaw upheld the complaints by the firm’s clients against decisions by the commission for review of Warsaw reprivatisation cases, involving the property at ul. Smolna 32.
The court held that the condition of possession of the property set forth in Art. 7(1) of the Warsaw Decree of 1945 applied only to legal successors of the prior owner of the property, and ceased to be legally relevant after 1946. The court also held that under the rule of law, issuance of the restitution decision in this case in favour of deceased persons was not a fatal defect when the full set of heirs of all owners were subsequently identified and the restitution decision was amended accordingly.
We report in more detail on these judgments here.