Key facts of the case:
On 8 April 2013, the Municipality of [...] appealed to the Regional Administrative Court in Warsaw against the decision of the Voivode. In the complaint, the Municipality of [...] applied for a suspension of execution of the contested decision. By that decision, the Voivode upheld the decision of the Mayor of the January 2013 awarding compensation to the M.W.Fand A.T.C. for the property taken for the purpose of building a public road and, at the same time,obliged Municipality City [...] to pay this compensation within 14 days of issuance of this decision. The Municipality's complaint rests on grounds that the payment of the compensation arising from the decision will pose a threat to its fundamental property interests. In case of not suspending the execution of the decision, there arises a risk of a significant harm or irreversible effects. The Voivodship Administrative Court in Warsaw decided to refuse to suspend the enforcement of the contested decision.
Therefore, the applicant's request for suspension of execution of the contested decision is not supported by Article 61 of the Law on Proceedings Before the Administrative Courts because there the potential damage threatening the implementation of the contested decision has not been demonstrated. Moreover, such an understanding of the damage is also contrary to Article 17 of the Charter of Fundamental Rights of the European Union (which is an additional confirmation of the rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950), constituting that no one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided by the law, subject to fair compensation being paid in good time for their loss.