Gloss to the Judgement of the Court of Appeal in Wrocław of 29 October 2019 (I ACa 698/19, not published)

Abstract

The Court of Appeal in Wrocław, in its judgement of 29 October 2019 (I ACa 698/19) amending the judgement of the District Court of Wrocław of 28 February 2019 (I C733/18), declared invalid the acquisition of a real property by a South Korean citizen. In its judgement, the Court of Appeal in Wrocław interpreted Article 8 (2) of the Act of 24 March 1920 on the Acquisition of Real Property by Foreigners. This provision governs the subjective scope of the exemption from the obligation to obtain the authorisation from the minister competent for interior affairs for the acquisition of real property. The Court of Appeal has concluded that a natural person who is a foreign person within the meaning of the Act on the Acquisition of Real Property by Foreigners and who is not a citizen of the European Economic Area Member State or the Swiss Confederation, even though pursues individual economic activity in the territory of the Republic of Poland, shall not be entitled to the exemption provided for in Article 8 (2) of the Act on the Acquisition of Real Property by Foreigners concerning nationals and undertakings of the Member States of the European Economic Area agreement or the Swiss Confederation, as this would be contrary to the function of the Act on the Acquisition of Real Property by Foreigners and the systemic and teleological interpretation of Article 8 (2) of this Act.

Keywords

• nabywanie nieruchomości przez cudzoziemców
• zwolnienie z uzyskania zezwolenia ministra właściwego do spraw wewnętrznych
• traktat akcesyjny
• europejski obszar gospodarczy