The Supreme Court dismissed the extraordinary complaint of the Prosecutor General of 2022 regarding the annulment of the loud judgment of the District Court of 2021. It was then found that the state violated the personal rights of a resident of Rybnik due to air pollution and was granted compensation in the amount of PLN 30,000 – the Ombudsman's Office said in a statement.
A resident of Rybnik filed a lawsuit in 2015 to the Treasury, the Minister of the Environment and the Minister of Energy, by PLN 50,000 compensation for violating his personal rights due to air pollution.
In the trial, a resident of Rybnik indicated, among others, that in the autumn and winter he could not ventilate the house, he must clog the ventilation cages and seal the door in a relatively new building. He said that he also uses the air purifier, which raises costs, he could not leave the house for walks with the family with children, he cannot play sports, although he is physically active, and in the period of winter holidays in the city there was not a single day in which Dust standards were not exceeded.
After a long legal battle in the final decision in 2021 by the Regional Court The man obtained PLN 30,000 compensation.
Then, in autumn 2022, the then prosecutor general in the autumn of 2022 in the autumn of an extraordinary complaint. He argued then that the court in the case resisted the subjective feelings of the plaintiff, who did not show that there was a real violation of his personalized personal rights.
Ombudsman As early as in 2022, he requested the Supreme Court to reject this extraordinary complaint. He pointed out that it is debatable whether an extraordinary complaint “in the interest of the Treasury” is allowed at all. Earlier, the RPO performed in this matter at the next stages of the trial, supporting the plaintiff.
Smog (illustrative photo)Shutterstock
The end of the court battle
On Thursday, the RPO office announced that this week Supreme Court dismissed the extraordinary complaint of the Prosecutor General. This ends the legal battle in this matter.
The judgment of the Extraordinary Control and Public Affairs of the Supreme Court, which was not recognized by the European Tribunals, was made on January 21 this year after a closed session in a seven -person composition – five judges and two lay judges – under the leadership of the president of this Chamber of Joanna LemaÅ„ska.
Source of the main photo: Shutterstock