Cases

The administrative decision as a basis for claiming compensation

Claiming compensation for damage caused by the release of a final administrative decision is possible on the basis of a final judgment of the Regional Administrative Court revoking this decision, upon its illegality.

The above results from common opinion occurring in doctrine and jurisprudence that the proceedings before the administrative court, precisely before the Regional Administrative Court, may be regarded as appropriate, in order to obtain previous judgement referred to in Art. 417 (1) § 2 of the Code of Civil Procedure.

The possibility of pursuing for compensation is generally not dependent on result of the renewed administrative proceedings before an administrative authority of second instance.

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