Subject of the Dispute: Claiming a land plot with an area of 1.2144 hectares with cadastral number 6823680300:02:001:0141 from LLC “A.T.K.” in the interests of the Polonka City Council.
Main Arguments of the Court: The court established that the land plot was transferred contrary to legislation, as it is part of the lands subject to conservation through afforestation. However, given the subject composition of the parties (claim against the legal entity LLC “A.T.K.”), the case is subject to consideration in economic, rather than civil proceedings. The court emphasized that ownership disputes involving legal entities must be considered by economic courts.
Court Decision: To leave the resolution of the appellate court unchanged, which closed the proceedings in the part of the claim against LLC “A.T.K.” due to improper judicial jurisdiction.