Judicial review of heritage protection of a former Jewish cemetery destroyed during the Holocaust. The case concerned the inclusion of privately owned land in a heritage register as a former Jewish cemetery, based on its historical link to antisemitic persecution and Jewish burial traditions despite the absence of visible remains. While recognising that Jewish cemeteries retain protected status even after wartime destruction, the court annulled the administrative decision because the factual basis for defining the cemetery’s boundaries was insufficiently substantiated and disproportionately affected property rights.
Art. 3(1), Art. 4, Art. 6(1)(f), Art. 6(1)(h), Art. 22(2) Act on the Protection and Care of Historic Monuments
Art. 14(1), Art. 14a(1)–(2), Art. 15(1) Regulation of the Minister of Culture and National Heritage of 26 May 2011
Art. 3 § 2 point 4, Art. 134 § 1, Art. 146 § 1, Art. 200, Art. 205 § 2 Law on Proceedings before Administrative Courts
Art. 64(3) Constitution of the Republic of Poland