Protection of the right to clean air under the Polish Civil Code

Abstrakt

Many societies are becoming ever more aware of the problem of air pollution. The purpose of this study is to indicate the possibility of protection of the right to clean air on the basis of applicable provisions. The paper refers to the most significant international acts calling for the protection of clean air and presents the possibilities of and attempts at protecting the right to clean air in Polish law on the basis of the Civil Code, e.g. provisions on protection of personal rights, and on nuisance. The discussed issues are already the subject of interest in the Polish society. The poor quality of air in Poland was confirmed by the CJEU judgment of 22 February 2018, C 336 16. At the same time, air pollution has become the subject of proceedings before Polish courts, where the uniform case law in this matter has not yet been developed. There have been judgments refusing to treat the right to clean air as a personal right, e.g. judgment of the District Court in Rybnik of 30 May 2018, II C 1259 15, and those that recognise it as such, e.g. judgment of the District Court for Warszawa Śródmieście in Warsaw of 24 January 2019, VI C 1043 18. Meanwhile, people will increasingly seek protection of their right to clean air in courts. Undoubtedly, it is necessary to plan actions and adopt procedures that would allow citizens to influence the government efforts to improve air quality. The question is whether litigation and the Civil Code provisions should be used for this purpose.