Glosa do wyroku WSA z dnia 1 lutego 2013 r. : III S.A./Gl 1076/12

Abstract

However the thesis of the above judgement, that the mining authority may perform the activity provided by law only if a mining plant had not been properly closed or had been closed improperly is correct, numerous circumstances referring to the facts on which the above judgement is based, are unclear. The housing association demanded the protection of an old mining shaft which was considered as closed down many years before. The mining authority declared that shaft as properly closed down. It is not clear from whom the housing association demanded the protection.