X C 1308/20
AI generated
Court allows private preschool owners to claim underpaid educational subsidies based on public data calculations.
Poland (PL)
Legislator summary
AI generatedThe court ruled in favor of private preschool owners who sought payment for a reduced educational subsidy. The plaintiffs calculated the correct amount using public budget data, while the municipality argued they must prove proper fund usage first. The court held that the failure to pay the full statutory subsidy constitutes a breach of good faith and public trust, making the claim valid without requiring prior proof of fund expenditure.
Legislator headnote
AI generatedArt. 90 ust. 2 b ustawy o systemie oświaty; Art. 5 k.c.: The court established that a failure to pay a statutory subsidy constitutes a breach of good faith and public trust, allowing claimants to demand the difference without first proving the proper expenditure of funds.
Keywords
AI generated
educational subsidy
private preschool
good faith breach
public budget data
subsidy calculation
public trust
administrative payment
Cited Legislation
AI generatedArt. 90 ust. 2 b ustawy z 7 września 1991 r. o systemie oświaty
Art. 5 k.c.
Art. 481 k.c.
Art. 98 k.p.c.
art. 5 k.c
art. 481 k.c
art. 98 k.p.c
Cited Case Law
AI generatedI Aca 288/18
Court partially allowed appeal by correcting interest start date to October 30, 2012, based on mediation summons.
SA we W. z dnia 6.06.2018
NSA z dnia 28.02.2019
SKO.92.8.2019
II GSK 2450/13
Related Decisions
AI generatedI C 735/19
Court dismissed partial claim for education subsidies, allowing only minor costs recovery against municipality.
V ACa 502/21
Appeal dismissed; court upheld lower court's education grant calculation based on current law, rejecting retroactive application of old rules.
I C 1945/20
Private preschool denied damages for underfunded state grant due to lack of proof of actual financial loss.
I ACa 617/16
Appeal court allows partial claim for underpaid preschool subsidies, rejecting abuse of rights argument.