Legislator Case Law & Legislation
II UZP 1/95 AI generated

Polish Supreme Court ruled that the State Agricultural Agency is not liable for employee compensation fund contributions due to lack of insolvency proceedings.

Case Number II UZP 1/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the Social Insurance Institution's claim that the State Agricultural Agency must pay contributions to the Employee Compensation Fund. The Agency argued that its statutory nature excluded it from bankruptcy and liquidation laws, thereby avoiding insolvency liability. The Court held that the term 'insolvency' in the relevant statute refers only to current legal mechanisms, not theoretical future possibilities, thus the Agency was not considered insolvent.

Legislator headnote

AI generated

Art. 2 ust. 2 ustawy o ochronie roszczeń pracowniczych; Art. 3 ust. 2 pkt 2 ustawy o ochronie roszczeń pracowniczych: The concept of insolvency in the Employee Compensation Protection Act applies strictly to current legal procedures and does not cover theoretical future legislative changes.

Keywords

AI generated
employee compensation fund state agricultural agency insolvency proceedings liquidation mechanism social insurance contributions statutory interpretation public entity liability

Cited Legislation

AI generated
Art. 2 ust. 1 of the Act on Protection of Employees' Claims in Case of Employer's Insolvency
Art. 2 ust. 2 of the Act on Protection of Employees' Claims in Case of Employer's Insolvency
Art. 3 ust. 2 point 2 of the Act on Protection of Employees' Claims in Case of Employer's Insolvency
Art. 7 of the Act on Organization and Financing of Social Insurance
Art. 19 of the Act on Protection of Employees' Claims in Case of Employer's Insolvency
Art. 391 of the Code of Civil Procedure
art. 391 k.p.c
art. 6 Konstytucji

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