II UZP 7/95
AI generated
Supreme Court rules forest offices are not liable for social fund contributions due to lack of insolvency grounds.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Institution's claim that forest offices must pay social security contributions. The court found that forest offices, as organizational units of state-owned forests, cannot be subject to insolvency proceedings because the relevant forest law does not exclude state liability for their debts. Consequently, the statutory conditions for applying the employee protection fund were not met.
Legislator headnote
AI generatedArt. 32 ust. 1, 2 ustawy o lasach; Art. 3 ust. 2 pkt 2 ustawy o ochronie roszczeń pracowniczych: Forest offices are not subject to insolvency proceedings and thus do not trigger the mandatory application of the employee protection fund.
Keywords
AI generated
forest offices
social security contributions
employee protection fund
insolvency proceedings
state liability
organizational units
Supreme Court ruling
Cited Legislation
AI generatedArt. 32 ust. 1, 2 of the Forest Law of September 28, 1991
Art. 3 ust. 2 pkt 2 of the Act on Protection of Employee Claims in Case of Employer Insolvency of December 29, 1993
Art. 11 of the Act on Organization and Financing of Social Insurance of November 25, 1986
Art. 391 of the Code of Civil Procedure
art. 391 k.p.c
art. 3 k.p