Andersen in Poland successfully obtains discontinuance of proceedings to revoke a waste generation permit without compensation.
The Marshal of the Małopolska Province, who shared our arguments in the case, issued a decision ending the proceedings to revoke, without compensation, the permit for the generation of waste, including waste treatment by recovery and disposal, on the grounds that they were devoid of purpose.
The proceedings to revoke the permit without compensation were initiated against a Client of Andersen in Poland in 2019, following an inspection by the Province Environmental Protection Inspector. Andersen in Poland accessed the case several years after it had been initiated, at the time when the Marshal issued the decision to revoke the permit without compensation.
Following our successful appeal, the Minister for Climate and Environment overturned the decision against our Client and sent the case back to the first instance body for review.
After reviewing the case, the Marshall agreed with the arguments that there were grounds to consider the proceedings devoid of purpose and therefore the proceedings should be stopped.
The decision to stop the proceedings has become final, allowing the Client to continue its waste management activities.
The case was handled by:
Dawid Mielcarski, Advocate, Partner at Andersen in Poland
Kinga Kamionka, Senior Associate at Andersen in Poland