Wymaganie prejudykatu przez art. 4171 § 3 k.c. a przewlekłość postępowania administracyjnego
The requirement for a preliminary ruling by art. 4171 § 3 k.c. and the length of administrative proceedings

Summary/Abstract: The topic of this article refers to the liability of public authorities and public entities for damages caused in connection with actions held by them or their renunciations, pursuant to art. 417 et seq. Of Polish Civil Code. This study, in its merits, mainly focuses on the consequences of application of art. 417(1) § 3, in cases of liability of public authorities for failing in delivery of certain verdict or decision, required by the letter of the law. This study also refers to the problem of unjustified of both court and administrative proceedings. Thorough analysis is also applied to the wider problem of prerequisites for granting a prejudicial ruling, relevant to seek for damages. The final aim of this study is therefore to pose a relevant question whether delivery of prejudicial ruling is a sine qua non condition and to give a comprehensive (based on a case-study) answer.

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