Legislator Case Law & Legislation
I PZP 11/94 AI generated

Supreme Court rules education law termination clause applies to any conducted competition regardless of outcome.

Case Number I PZP 11/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether Article 108 of the Education System Act applies to every conducted competition or only successful ones. The plaintiff argued that his dismissal from the school director position without a new appointee constituted a violation requiring compensation, while the defendant contended the law only triggered upon a successful competition. The court held that the statutory language requires merely the conduct of a competition, not the subsequent appointment of a new director, thereby validating the termination of the plaintiff's term.

Legislator headnote

AI generated

Art. 108 ust. 1 ustawy o systemie oświaty; Art. 36 ust. 3, 4, 10 ustawy o systemie oświaty: The provision regarding the termination of a school director's term applies to every conducted competition, irrespective of whether a new candidate was successfully appointed.

Keywords

AI generated
Education System Act School Director Term Competition Conduct Termination Clause Administrative Dismissal Compensation Claim Legal Interpretation

Cited Legislation

AI generated
Art. 108 ust. 1 ustawy z dnia 7 września 1991 r. o systemie oświaty
Art. 36 ust. 3, 4, 10 ustawy z dnia 7 września 1991 r. o systemie oświaty
art. 391 k.p.c

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