A few days ago we wrote about farmers from the Świętokrzyskie Voivodeship who blocked the tracks. It turns out that the case took an unexpected turn. LHS, the company whose tracks were blocked, demands compensation from farmers for the resulting losses. For one day of protest, they billed farmers PLN 1.3 million.
Farmers blocked the wide LHS tracks through which grain from Ukraine enters Poland.
We will block the road and the railway track – said Piotr Kiliński, the organizer of the protest – so that the railway does not pass through. Our demonstration will start on February 20 at 11 a.m. and will last until March 14. This place is sensitive, this is where the shuttles arrive and are unloaded at a nearby terminal.
1.3 million fine for blocking the tracks
However, the blockade was removed on the first day, and the farmers received a letter in which LHS threatened to impose consequences.
Due to the ongoing farmers’ protests and the resulting illegal blockades of our stations and tracks, including the unacceptable and punishable in all countries placing obstacles on the tracks, as well as walking on the tracks without appropriate training and consent of the railway infrastructure manager PKP Linia Hutnicza Szerokotorowa sp. . z o. o. would like to express its deep concern and strong opposition to such actions. These completely unjustified and highly harmful actions for our Company and our partners caused significant financial losses on the first day, exposed us to customer claims and damaged our image – wrote LHS representatives in a letter addressed to farmers.
At the same time, the company announces that it will impose financial consequences on the organizers.
If there is no waiver from blocking the railway route, PKP LHS sp. zo.o. will pursue any claims against you, as the organizer of the protest, for costs incurred and lost profits. All the more so because in January 2024, grain transports via the LHS line in transit, transported in accordance with national legislation, constituted only 1.72% of all transport on the PKP LHS line, while the action organized by you blocked all transport, including neutral and completely unrelated to this protest – it was written.
Further on, the company’s representatives point out that they suffered specific losses.
According to the company, these costs result from the following elements:
- arrival and unloading of one train at the Hrubieszów LHS station
- providing one train for unloading at the Zamość Bortatycze LHS station;
- providing and providing reloading services at the Szczebrzeszyn station,
- delivering one import train for unloading and one export train to the Wola Baranowska LHS station;
- delivery of one train for unloading at the Gołuchów station
- delivering two import trains for unloading and sending one export train at the Sławków LHS station.
We demand an immediate cessation of illegal activities, harming the national economy and endangering the health and life of those participating in the action and employees of PKP Linia Hutnicza Szerokotorowa sp. z o. o. in Zamość. PKP LHS will take legal action to recover losses and protect our rights and business interests. The protest, combined with pouring scrap on the tracks, is a criminal activity that endangers the life and health of both PKP LHS employees and the protesters themselves – added in the letter addressed to farmers.
LHS talks, but also scares
Farmers accuse the law enforcement services of failing to fulfill their duties.
In our opinion, the letter we received from LHS contains threats. The company’s authorities do not take into account that the meeting has been reported and is legal, farmers say.
Lawyers have no doubts: the protest is legal and farmers are intimidated
They also assure that they are willing to reach an agreement with the LHS authorities regarding the unloading of goods other than grain. The LH company is part of PKP, which reports directly to the Ministry of Infrastructure.
As argued by a lawyer supporting farmers from the Świętokrzyskie Voivodeship, the LHS company demanding compensation from farmers is unlawful. Why? Because, as lawyers argue, it is expressly prohibited by the Law on Assemblies. As the second reason, the lawyer indicates the decision of the Administrative Court in Warsaw from 2019, which states that no claims can be made against the protest organizer for blocking roads or other communication routes, because the protest organizer does not represent himself, but represents the public interest, social. Therefore, it is impossible to accuse an individual.
The lawyer also points out that LHS does not take into account that it was not the organizer himself who closed the tracks to traffic, but the local government to which the protest was reported. As the organizer argues, a protest is registered, and it is the local government that excludes a given section from road or rail traffic. The local government has such powers.
Farmers protested on the tracks and blocked them in accordance with the regulations, therefore no claims can be made from farmers, says Mariusz Miąsko. – This protest is legal, properly and legally reported. The blockade is legal and implemented correctly. The only drawback is the lack of police who do not secure the blocked section. It is not true that farmers pose a threat to railway traffic by being on the tracks. It is the railway that poses a threat to farmers by not complying with the closure of the section from traffic. Let’s not turn the cat’s tail! You have to have some nerve to attack a farmer who is legally protesting as a state-owned company! This is weird! – the lawyer thunders.
Lawyers appealed to the government for urgent intervention.
We have fulfilled all our obligations regarding the organization of the protest, Kiliński assures. – Before we started the demonstration, we were supported by a lawyer who confirmed that our action was legal. We treat this letter as a threat. The amount indicated in the letter made an impression and we went off the rails, but we started digging and we know that we are right. We are waiting for further developments. We are not guilty of anything. We consider our manifesto to be justified.
Farmers point out that the police did not protect the gathering in any way, and they themselves feel intimidated by the LHS.
I am surprised by the attitude of the police, says Grzegorz Skurski, one of the protesting farmers. – All procedures related to securing the protest were pushed onto us, ordinary participants of the demonstration. It’s not up to me to secure the passage! That’s what the police are for, that’s what the services are for, as they did not take the initiative to stop and secure railway traffic. These passing trains put us in danger all the time.
Farmers argue that they will create a situation in which those responsible for negligence will be held accountable.
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