Abstract

The commented judgement concerns liability of public authorities for suspending sale of residential premises and commercial space as a result of a defective building permit. The Supreme Court ruled that the developer’s loss cannot be compensated until a given real estate is actually sold at a lower price. However, the Supreme Court’s position ignores that fact that the loss consists in the decrease in the value of all assets of the aggrieved party and has a dynamic character. For this reason, the compensation should cover all losses which exist at the time of the judgment, regardless of whether the victim actually sold a given property or not. In the latter case, the loss will result from the difference between the price that would have been paid for the thing in the absence of a harmful event and the market value of this thing at the time of adjudication. Such damage is not a future loss which is not compensated under Polish law.