Legislator Case Law & Legislation
KKO 254/1995 AI generated

Supreme Court allows employee interest claim in employer bankruptcy despite statutory priority rules.

Case Number KKO 254/1995
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Finland allowed the employee's claim for interest on wages in the employer's bankruptcy proceedings. The employee argued that interest should be paid as a priority claim under the Bankruptcy Act, while the administrator contended it was subordinate to other secured claims. The court ruled that the specific provision granting priority to wage claims does not extend to interest accrued after the bankruptcy filing, thereby permitting the interest claim to proceed as an ordinary unsecured debt.

Legislator headnote

AI generated

Bankruptcy Act s. 10; Bankruptcy Act s. 11: Interest on wage claims is not included in the priority status of the principal wages and must be treated as an ordinary unsecured claim in bankruptcy proceedings.

Keywords

AI generated
bankruptcy priority wage claims interest on wages employee rights secured claims

Cited Legislation

AI generated
Bankruptcy Act s. 10
Bankruptcy Act s. 11
AI generated

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Full text

Kysymys työpalkkasaataville maksettavan koron etuoikeudesta työnantajan konkurssissa.

MJL 9 § 1 mom 1 kohta

MJL 4 §