In September, a judgment issued by the Warsaw Regional Court dismissing a final appeal in a case brought against the State Treasury for breach of personality rights due to inadequate action to ensure clean air became legally binding and final. This is the latest in a series of rulings that reinforce the line supported by a Supreme Court resolution of 28 May 2021 (case III CZP 27/20). In the resolution, the Supreme Court states that health, freedom, and privacy are protected due to being personality rights (art. 23 of the Civil Code in conjunction with art. 24 of the Civil Code and art. 448 of the Civil Code) and failure to comply with air quality standards stipulated in the law may breach (endanger) these rights.
19 Oct 2021