Warsaw (Puls Biznesu) – There are over
2,000 cases against the state. Claims amount to nearly PLN 20bn (EUR 5.7bn).
The Public Prosecutor’s Office, the lawyer’s office defending the Polish
state, summed up two years of its operations. A special report “PB” has got
access to states that last year claims of PLN 12.1bn had been submitted
(Eureko’s claim is not included). This means that the value doubled as compared
to 2006 when the claims amounted to PLN 7.2bn.
“The substantial upward trend is due to clear law stating that the state is
responsible for mistakes made by clerks”, Marcin Dziurda, the Public
Prosecutor’s Office CEO.
The office has been operating since 2006. Within two years, it has
represented the state in 2,930 processes. 1,046 of them were concluded, in 586
of them, the Public Prosecutor’s Office lawyers won. Polish citizens won in only
50 cases and received PLN 33.7m of claims. The remaining cases ended with
conciliation most often.
“Thanks to the fact that we won, the state needn’t have to pay out PLN 2.2bn
of claims. The hardest cases are still to be viewed”, Marcin Dziurda
The most popular are the cases of companies fighting against wrong decisions
of tax authorities which destroyed them. Optimus and JTT Computer PC producers
and distributors are the most popular ones. There have been thousands of such
companies but very few decided to go to court. In the years 2006-7, 69 court
cases connected with tax problems were started and 43 were concluded. The state
won in 13 cases, only two were won by taxpayers who received PLN 65,000 of
compensation while 28 were concluded with conciliation decision. In 2008,
further processes with claims worth PLN 223m were launched. Elektrim Megadex
claims the highest amount of money: PLN 213m. Then, there are Centrozap Katowice
with PLN 100m, MCI Management with PLN 38.5m and Optimus with PLN 36m.
(PLN 1 = EUR 0.283)