Analiza zasadności poglądu o ponoszeniu przez podmiot dotujący odpowiedzialności deliktowej za udzielenie dotacji oświatowej w zaniżonej wysokości

Abstrakt

Doubts have been raised in case law as to the proper basis for beneficiaries' claims resulting from subsidizing entities failing to grant and pay educational subsidies, or providing and paying them in an amount lower than legally due. For many years, subsidized entities were granted a claim for performance in kind, but in recent years it was determined that this claim has a compensatory nature. In principle, this has led to establishment of a line of case law on the application of the provisions on contractual liability by analogy. Recently, however, in the Supreme Court's case law, a view has been expressed on the application of Article 417(1) of the Civil Code. This view is correct. First, the prerequisites for tort liability of the subsidizing entity are fulfilled. Second, the prerequisites of liability for damage caused in the exercise of public authority are fulfilled. Third, the prerequisites for liability for legislative or judicial unlawfulness are not fulfilled.