Zgierz’s lawyer

Two instances, the Supreme Administrative Court and ultimately the Constitutional Court, which confirmed that the provision indicated by us is incompatible with the Constitution.

On April 18 this year, the Constitutional Court announced a ruling on the constitutional complaint of our Client, represented by The Patron Marta Jaskulovska. The action concerned the failure to establish a final decision approving the merged motion in breach of the law. The Court unanimously ruled, thus in quiting, that Article 81(1) of the EC Treaty should be granted the right to the court of justice. Whereas Article 33 (2) of Regulation (EEC) No 2 2 of the Act of 26 March 1982. on land merge and exchange in so far as it makes it impossible to declare a final decision approving a merged project in violation of the law is incompatible with the Constitution of the Republic of Poland (Articles 45(1) and Article 77(2)).

The joy of the Court’s examination of our constitutional action is all the greater, the statistically less likely to come before the Court. According to statistics, as many as 243 cases were submitted to the Court in 2017 alone and only 77 cases were submitted to the substantive audit. After the preliminary audit, only 32 constitutional complaints were intended for substantive examination (1).

We encourage you to familiarize yourself with the details of the judgment on the https://trybunal.gov.pl/postepowanie-i-orzeczenia/komunikaty-prasowe/komunikaty-po/art/10560-brak-mozliwosci-wzruszenia-ostatecznej-decyzji-o-zatwierdzeniu-projektu-scalenia-lub-wymiany-grunt/ website

Sometimes, despite the utmost caution, it can happen that we slip and fall on an icy, snow-free sidewalk. If we are not lucky, such a fall can result in a serious fracture, prolonged sick leave and the fact that we will not regain full fitness.

What to do in this situation? Where to get money for treatment and rehabilitation? For treatments within the NFZ you have to wait for months, and the doctor says that every day of delay in the start of exercise reduces the chances of returning to full fitness.

A customer came to our office, which , despite equipping with winter shoes, fell on an icy sidewalk in front of the block where she lived. As a result of the fall, there was an open fracture of the hand, it was necessary to associat it – several operations were carried out. The hand did not regain the mobility before the accident. The client did not work for several months and also did not perform her household duties, in which she had to be carried out by loved ones. It required help in basic life activities. For several months she took painkillers, attended private rehabilitation classes.

The snow removal of the sidewalk was the responsibility of the company, which took over the duties related to the removal of the effects of winter under an agreement with the housing community.

On behalf of the client, we spoke to the insurer of the snow-clearing company and then to the Court. The client received full compensation for the cost of medicines, access to medical institutions, for the care of loved ones, rehabilitation and medication. She also received compensation for personal injury – damage to health (for damage to her hand and for not returning to her former fitness) – all with interest.