Abstract

The judgment refers to the issue, whether the court proceedings resulting in the abrogation of the administrative decision (referred to in Article 287, point 1 of the Administravive Proceeding Act - hereinafter refered as APA) may be regarded as a "proper
proceeding", which aim to determine the unlawfulness of such aadministrative decision (article 4171 § 2 of Polish Civil Code - hereinafter refered as PCC). In the judgment the Polish Supreme Court held that article 287 item 1 of the APA may also be construed in such
manner, that it provides an additional premise for the liability for damages caused by the exercise of public authority, which occurs, when in the administrative proceeding, conducted in order to execute the administrative court's judgment repealing the administrative decision, the above-mentioned administrative proceeding would be discontinued. The thesis of the Supreme Court may be supported by the following argumentation. First, article 287 item 1 of the APA does not contain the full regulation of the liability for damages caused by
administrative decisions, which were subsequently abolished by the administrative court. Second, this provision does not specify entites entitled to adjudicate on damages, nor set out the scope of liability or the principles of compensation.