Mec. Anna Krysiak and mec. Jakub Żelazek successfully represented a public-sector legal person, leading to the dismissal of a claim against the Client of our Law Firm in a precedent-setting case concerning liability for damage caused in the exercise of public authority.

Mec. Anna Krysiak and mec. Jakub Żelazek successfully represented the Client of our Law Firm – a public-sector legal person, operating in the field of security of technical devices, in a precedent-setting case concerning liability for damage caused in the exercise of public authority.

The complexity of the case stemmed both from the numerous grounds for liability for damages that could be invoked and from the need to analyse the conditions for such liability, which include, amongst other things, a finding in the relevant proceedings that the act or omission of the public authority was unlawful. Furthermore, the claim for damages was linked to a criminal case that was running in parallel. The case won by our Law Firm’s lawyers therefore involved issues at the intersection of civil, administrative and criminal law.

The court of first instance will fully agree with the position presented by our lawyers, finding that the source of the damage is not the actions or omissions of the Client of the Law Firm, but the actions of a third party subject to criminal law assessment and furthermore, the opponent did not present a prejudgment of the administrative court that would justify the assignment of liability for damages to the Client of our Law Firm.