Judge Piotr Schab is currently the president of the Court of Appeal in Warsaw and the disciplinary spokesman for judges of common courts. More than two years ago, the Onet.pl portal revealed that the judge and his family added an over 70-square-meter council flat in the capital. The problem is that the judge is a party to the value of an over 120-meter house, by nearly PLN 500,000. zloty.
Judge Schab sees no problem in the fact that there will still be a council flat, even though he has a house. In correspondence with Onet, he argues that a preferential flat must be purchased, because it is not able to commute to work, located about 40 km from the city center. He also explained that he was home to a “recreation”.
He argued that he had lived in the municipal flat from birth, that is from 1968. He was occupied by his parents, and after their death, Schab took over the lease under Art. 691 of the Civil Code. According to the regulations, in the event of a tenant, renting the premises may be taken over by his relatives, provided that they lived with him until his death, we say that the apartment.
Judge Schab is doing a council flat
Onet.pl reports show that the disciplinary spokesman of judges Piotr Schab, despite the fact that you have an apartment in Warsaw intended for the most appropriate. How it’s possible
Provisions of the act on the protection of the rights of tenants, which may explain the lease of council premises, in a situation where tenants have the right to the right to the dwelling, which is entitled to the ownership right to the same privilege of the place. After the inflow of another technology that the tenant has a legal title to the real estate, he must arrange the apartment for an obligatory explanatory proceeding, which may end with termination of the contract.
Submission of an application for the initiation of such proceedings a few days after the publication of Onet using the m.st. Of Warsaw, Michał Szczerba, MP from the Civic Coalition, resident of the capital. – A person who has agreed to be an arbitrator of other people should have doubts as to whether the user has a right. Meanwhile, as everything he said to add, I report breaking, refining, an apartment that simply does not belong to him – he said to Michał Szczerb.
After his intervention, the city started the procedure of terminating the lease. The regulations – which are to be located, which the PiS government has – may have that you can council premises of tenants who have another premises located in a location in the same poviat where the premises are located in the same poviat. This is the case of Judge Schab, who has a house in the Otwock district, the court in Warsaw – he reads on Onet.
At the hearing, the town hall announced to Schab the effects on the lease of the premises on August 7, with effect on September 30, 2020 after August 24, 2020 – and during the notice period – the judge and his wife filed an action regarding the existence of a binding lease. The lawsuit was delivered to the city on October 15, 2020. The judge argued that she could not be guided by the eviction proceedings for assistance, which were proceedings on the existence of a binding relationship. This is possibly a legal purpose to delay eviction.
Due to the fact that Judge Schab is acting in a public case in the case of the existing system of premises of the District Court for Warszawa Śródmieście, the function of the Supreme Court of the administration of cases related to the examination in a court court. It was not until June 2022 that the city received a decision – unofficial information shows that the case was brought to a court in Łódź.
Everything indicated that the matter would continue to drag on, but MP Szczerba did not give up. So far, he has made three parliamentary interventions to the Warsaw City Hall. In addition, he ordered an expert opinion, which Onet did not see. It shows, inter alia, that “according to the repair services, the application of relief was applied to the removal of all enforcement measures for emptying and assisting the premises”. So these two proceedings for reorganization proceedings, Schab’s atel would have failed.
The results of the expert opinion commissioned by the deputy, which are taken by councils to proceed with the eviction proceedings. “The procedure related to the Supreme Court will be checked if it will check how the situation is proceeding. In connection with the period, as well as you have control over further arguments in the field of level control, he has already recommended the commencement of eviction proceedings in the discussed case – we read in Rafał’s response Trzaskowski on the operation of MP Szczerba’s interpellation, in a letter of August 1, 2022.
As stated unofficially by Onet, it just happened. On September 5, a lawsuit was filed with the District Court for Warsaw-Śródmieście for the eviction of Judge Piotr Schab from the municipal premises. In the statement of Warsaw’s argument, inter alia, that his house is in the same arrangement of devices as the family of the premises through him and his communal. Besides, it has others, and therefore such as will be for the premises, to suit.
The City Hall also emphasizes that the defendants did not leave the council flat by contract, and therefore an eviction suit is necessary. Trial attempts also made attempts to out-of-court settlement of the dispute, but to no avail. An amicable solution to the case turned out to be possible due to the different assessment of the parties’ assessment.
In defending himself against communal housing, Schab relies on art. 95 sec. 1, the law on the organization of courts, which states that “a common judge shall live in a municipality exercised judicial power, in the possession of the authority”. Except that the Court of Appeal in Warsaw – the loin of the thistle – with official rooms.
– As of the working day of the Court of Appeal, it is not known that he will be the president of the Warsaw Eviction proceedings. After all, a copy of the eviction claim was not served. The demand for repair is when they have performed contextualization, when repair, when repair, when it concerns people, without the title of repair of the premises – including residential premises – she wrote in response to the repair to Onet Agnieszka Gołaszewska, the vice-court of this court.
– The service of legal security in the Warsaw legal system for the arrangement of the premises is a court one, which was carried out in the first place before the court – performance of the management function due to the president of the Court of Appeal in Warsaw (previously – the President of the District Court in Warsaw)) . Keeping in mind that this proceeding remains – in order to be able to let you know, whether you know, whether you know whether or not it may be a judgment, as it may be in relation to the purpose – the matter will not be commented upon. Commenting on it in the public space would require a valuation discount, which are legally maintained under the legal status of Julia Juliais, Julie Gouauuuuuuuuuuuuuu;