Abstract

In its resolution of 27 February 2020, ref. no. III CZP 57/19, the Supreme Court ruled on two major issues concerning liability of self-governments at the voivodship level for improper fulfilment of the duty to maintain flood banks.First of all, the Supreme Court found that the voivodship authorities were liable for damages due to unlawful actions or omissions by the voivodship marshal in the exercise of public authority, as part of delegated government administration tasks, referred to in Art. 75(1) of the Water Law Act of 18 July 2001, that is keeping basic water amelioration systems, including flood banks.Secondly, the Supreme Court explained that, even though the new Water Law Act, including Art. 534(5)(3), came into force as of 1 January 2018, as of that date Państwowe Gospodarstwo Wodne Wody Polskie (National Water Management Holding) did not replace the defendant voivodship as a separate legal entity in such cases.