Success in front of the Local Government Appeal Council

News / 28.06.2017

The Local Government Appeal Council in Przemyśl accepted the appeal of the Client represented by the Law Firm’s lawyers, fully upholding the claims contained therein. The case concerned a penalty imposed by the authority for occupying a road lane.

In its decision, the LGAC stated that the penalty is levied for the mere fact of occupying a road lane, but its amount depends on the purpose of the occupation, which in the circumstances of the case was different from that indicated by the authority. It also stressed that the fee for occupation of a road lane, for the purpose of placing technical infrastructure devices, is calculated on the basis of the number of square meters of the road lane area occupied by the horizontal projection of the device, and not the entire occupied area, as the authority wanted.

As a result of the claims and allegations formulated by the law firm, the decision imposing a fine of PLN 1,500,000.00 on the Client was rescinded.