The article is of a voice in the ongoing discussion on liability for damages in connection with the excessive length of administrative proceedings, with particular regard to matters related to the WarsawDecree. The tort liability for failure to exercise the law by the body of authority has been implemented in 1997. The author indicates that in a democratic state a citizen should not bear the negative consequences of chronic administrative proceedings and therefore the injured party should be able to claim for damages. To assess the applicable law for the tort over time, the author points that the principle of tempus regitactum is not applicable as the damage arises at the very last moment of state of non-performance, not in the course of its duration. Therefore the provisions in force at the moment of cessation are relevant. What is more, the author indicates that it is not necessary to obtain a preliminary ruling prior to the commencement of a case against the State Treasuryfor payment of compensation.