Penalty for 'lawlessness of use' of a building object – commentary (gloss) to the Judgment of the Supreme Administrative Court of 11 May 2017, II OSK 2283/15

Sławomir Zwolak
2019 Acta Iuris Stetinensis  
This commentary (gloss) to the judgment of the Supreme Administrative Court of 11 May 2017, file reference number II OSK 2283/15, concerns the issue of imposing a penalty for 'lawlessness of use' of a building object. In the opinion of the Supreme Administrative Court, the allegation that a public administration organ should impose a penalty for unlawful accession to only one investor, despite the fact that there are two of them, which indicates that an administrative penalty should be imposed
more » ... should be imposed on all investors. The basic issue to consider is the imposition of a penalty that should take into account the circumstances of the specific case, including the actual and legal use of real estate.
doi:10.18276/ais.2019.28-12 fatcat:cvw5q5xejzfefkcmlpjtb4zrxm