Legislator Case Law & Legislation
I PKN 34/96 AI generated

Supreme Court allows bankruptcy creditor's vacation pay claim by remanding case after lower courts failed to verify prior recognition.

Case Number I PKN 34/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland remanded the case to the lower court to resolve factual discrepancies regarding the employee's vacation pay claim. The plaintiff argued that the employer's bankruptcy proceedings had not fully recognized his specific debt, while the defendant claimed the matter was already settled by the bankruptcy administrator's ruling. The court ruled that the lower courts incorrectly applied the principle of res judicata without first verifying whether the specific claim was actually recognized in the bankruptcy proceedings, necessitating a new factual examination.

Legislator headnote

AI generated

Art. 170 Prawa upadłościowego; 199 § 1 pkt 2 KPC; Art. 464 § 1 KPC; Art. 392 § 1 KPC; Art. 393 § 19 KPC: A claim for vacation pay becomes enforceable upon termination of employment, and the principle of res judicata does not automatically bar a subsequent claim if the bankruptcy administrator failed to recognize the specific debt in the official list of creditors.

Keywords

AI generated
bankruptcy proceedings vacation pay claim res judicata enforceable debt remand for retrial creditor recognition labor termination

Cited Legislation

AI generated
Art. 170 of the Bankruptcy Law
Art. 199 § 1 point 2 of the Code of Civil Procedure
Art. 464 § 1 of the Code of Civil Procedure
Art. 392 § 1 of the Code of Civil Procedure
Art. 393 § 19 of the Code of Civil Procedure

Cited Case Law

AI generated
III CZP 22/93
III CZP 22/92

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