The Provincial Administrative Court in Warsaw issued a landmark conviction – charges at the Municipal Cemetery in Radom are illegal! The decision can force local governments across Poland to return the money they have collected and find fresh sources of funding. The substance is of large importance to the thousands of families that paid for burial sites.
Why did the court revoke the charges?
In March 2024. WSA in Warsaw declared it invalid Resolutions of the Radom City Council of 2016 and its subsequent amendments of 2021 and 2023 on grave fees and ceremony services. The Court of First Instance divided the argument District Attorney’s Office in Radomwho challenged the provisions, indicating no legal basis for charges charged.
– “Radom cemetery rules are no different from those in another cities” – comments Mateusz Tyczyński, president of the City Council. However, the court held that the self-government had no right to impose specified charges.
Will the grave owners get a refund?
Judgment can open the way to claims for reimbursement of wrongly collected charges. Local governments across Poland must face akin complaints due to the fact that Supreme Administrative Court before issued akin rulings – including on fees for extending the right to the grave in Rzeszów.
What's next with the cemetery funding?
Local governments face a major challenge – How to finance the maintenance of cemeteries without charge? So far, the proceeds have been an crucial origin of income, and now cities will gotta find another solutions.
Will the judgement of the WSA in Warsaw change the law across Poland? The Radom case could become a precedent, affecting regulations in another cities.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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The revolution in cemeteries: The court banned the charging for graves!
