Protection of property rights and the temporary injunction
KKG successfully acted for its client in a case involving the unlawful entry of persons and heavy equipment on its commercial property. The property, which includes historic buildings, was under imminent threat, and an urgent injunction was sought to protect the client's rights.
In its decision, the court upheld KKG's position presented in the case and granted an injunction for the claim. The court waived the reasons for its decision, entirely agreeing with our arguments and referring to the grounds for our claim. Remarkably, the court fully endorsed KKG's arguments, recognising the validity of the case presented and emphasising the need for immediate action to prevent potential harm to the client's interests. We proved that the lack of a temporary injunction is necessary to reverse the likelihood of damage or other adverse effects for our client.
Legal background
The basis of the action brought was Article 222 § 2 of the Polish Civil Code, which asserts the right of property owners to seek the restoration of lawful conditions and the cessation of infringements. In addition, KKG strategically pursued a temporary injunction, a critical legal tool under Article 730 of the Polish Civil Procedure Code, to ensure enforcement of the judgment and protect the client's interests from imminent harm.
Along with the lawsuit, we filed for a temporary injunction. The court issued a protective order, which became final after a legal challenge. KKG thus obtained a final temporary injunction to secure claims for its client in proceedings for the protection of property ownership.
The case was handled by KKG co-managing partner Barbara Jelonek-Jarco and senior associate Wojciech Dobroś.
For further information on this topic please contact Barbara Jelonek-Jarco or Wojciech Dobroś at Kubas Kos Gałkowski by telephone (+48 12 619 40 40) or email ([email protected] or [email protected]). The Kubas Kos Gałkowski website can be accessed at www.kkg.pl.