Subject of the Dispute: Compensation for Property Damage Caused to a Police Service Vehicle as a Result of a Traffic Accident during Patrol Duty.
Main Arguments of the Court:
The Supreme Court consistently maintains the position that disputes concerning damage caused by an employee during public service are public law matters and subject to administrative court proceedings. This is due to the fact that when considering such cases, the court must assess the legality of the employee’s actions, which is only possible in an administrative process.
The Court emphasized that the fact that the damage was caused during the performance of official duties (patrol duty) automatically makes this dispute a public law matter, regardless of the subject composition and method of protection.
Court Decision: The Supreme Court satisfied the cassation appeal, revoked the ruling of the appellate court, and upheld the decision of the first instance court to close the proceedings with transfer to the administrative court.
