Abstract

This article affirms the resolution of a panel of 7 judges of the Supreme Court passed on 5 June 2018, III CZP 50/17, which rejected the concept that an easement corresponding to a transmission easement is acquired by force of law as a result of statutory acquisition of land and transmission equipment by a state enterprise . By this resolution the Supreme Court changed its former position in this regard. In the earlier decisions issued in 2016 the Supreme Court approved the above concept. As those decisions were passed by ordinary panels of the Supreme Court comprised of 3 judges, the commented resolution, passed by a panel of 7 judges of the Supreme Court, will shape the future practice in this regard.