The case dates back to 1997, when Dajfam’s permit to sell alcoholic beverages expired. The company applied for a permit to sell them in the parking lot on Fabryczna Street. The City Board gave a negative opinion on the application, and in October 1997 the Mayor of Bolesławiec issued a decision refusing the permit based on the applicable City Council resolution.
The decision was based on a 1997 resolution of the City Council, which was challenged by Dajfam and found unlawful by the Supreme Administrative Court. It should be added that previously the voivode had found no illegality, meaning that the City Council resolution had not been challenged through supervisory review and had remained in force for a year.
The partners of Dajfam applied to the Jelenia Góra Voivode for compensation from the Municipal Commune of Bolesławiec for damage incurred as a result of the decision refusing to extend the permit. The voivode refused to award compensation.
In two instances, the court found that the Municipal Commune of Bolesławiec had acted correctly. However, the company’s partners appealed the Court of Appeal’s judgment to the Supreme Court, which overturned that judgment and referred the case back for reconsideration. Following the proceedings, the Court of Appeal issued a ruling awarding compensation.
For losses incurred in connection with the ban on selling beer at the guarded parking lot operated by the partners, the compensation awarded by the Civil Division of the Court of Appeal in Wrocław amounts to PLN 45,633.44; together with interest and costs, the total is PLN 116,136.01.