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Sąd Apelacyjny w Krakowie - 28.03.2025

Case

Country

Case Description: Property dispute arising from post-war restitution proceedings in which allegations of antisemitism were raised during civil litigation. The State Treasury sought to invalidate a settlement transferring property to a Jewish religious municipality. Arguments invoking antisemitism and the Holocaust were expressly rejected by the appellate court as legally irrelevant and abusive. The court held that historical suffering cannot replace statutory requirements and dismissed the State’s claim solely on property-law grounds, namely the municipality’s acquisition of ownership by prescription.

Art. 10 Act on Land and Mortgage Registers and Mortgage

Art. 172, Art. 5, Art. 58, Art. 316 § 1, Art. 123 Civil Code

Act of 20 February 1997 on the relationship between the State and Jewish religious communities in Poland

Subjects

Type of Court

Area of Law

Year

Geolocation

Latitude: 50.06506

Longitude: 19.96193

Link: https://orzeczenia.krakow.sa.gov.pl/content/$N/152000000000503_I_ACa_001588_2022_Uz_2025-03-28_003