Abstract

The voivode’s decision of 29 November 2007 obliged the Z. chemical plant in B. to implement a number of measures with respect to protection of land and water resources located on the site of the plant. On 14 March 2014 the Company’s bankruptcy was declared, including liquidation of its assets, after which the State Treasury represented by the Regional Environment Protection Director in B. (hereinafter: the Creditor) reported a claim to the amount of over PLN 2 billion 600 thousand “for rehabilitation, protection and remediation with respect to the company’s assets”. Further on, the Creditor initiated administrative enforcement under which it required the receiver to perform in kind the duties specified in the voivode’s letter having thus assumed that in this case the provision of Art. 91 of the Bankruptcy Law was not applicable. The author does not share this opinion for reasons which are discussed in detail in this article.