Gloss on the Supreme Administrative Court judgement of 25 November 2020, files No.: II OSK 1987/20

Abstract

The gloss discusses legal consequences of the approval of a general plan of a public airport.
It concerns the necessity of suspending proceedings in the case of determining the conditions
of investment developments in the area covered by a general plan until the zoning scheme
is adopted in accordance with this general plan. Approving of the stance expressed in the
judgement of the Supreme Administrative Court, the gloss also presents calls for amendments
to the provisions of Act: Aviation Law concerning general plans of airports, as well as the
related provisions concerning areas limiting aviation obstacles. The author’s arguments
are based on the distinction between possible legal instruments laid down in aviation law
regulations in order to ensure the development of aviation infrastructure.