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The Court again about the Decree

On 12th of May 2015 the Polish Constitutional Court rendered a judgment, in which found article 156 § 2 of the Polish Code of Administrative Proceeding to the extent it does not exclude admissibility of annulment of a decision issued in gross breaching of the law, when the decision was rendered a long time ago, and this decision was a basis of the obtaining a right or/and a promise thereof, is not in conformity with the article 2 of Constitution of Republic of Poland.

Voivodeship Administrative Court in Warsaw had doubts in connection a case relating to “Warsaw properties” under Decree of 26th October 1945 and filed the legal question to the Polish Constitutional Court.

Judgment is fundamental for cases regarding “Warsaw properties”, in which legal predecessors did not file a motion under article 7 paragraph 1 of Decree of 26th October 1945 in limitation period of 6 months for granting a right of perpetual lease. City government considered often positively motion filed after this precluded time. Filing this motion in due time is considered as a prerequisite to recover a real property of ancestors before a Polish courts nowadays.  

From now all cases concerning annulment of a decision issued in forties of 20th century shall be considered in favor of the legal successors of “Warsaw real-estate’s” owners under article 156 § 2 of the Polish Code of Administrative Proceeding.

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