Supreme Court dismisses appeal; employee debt transfer to Fundus does not require prior reservation of repayment obligation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a limited liability company against a judgment ordering it to repay 65,934.04 PLN to the Employees' Benefits Guarantee Fund. The company argued that the Civil Code should apply, claiming the Fund could not demand repayment without first reserving the obligation. The court ruled that the specific Act on the Protection of Employees' Claims in Case of Employer Insolvency creates a statutory obligation to repay that arises automatically upon payment, rendering the company's argument based on general civil law norms inapplicable.
Legislator headnote
AI generatedArt. 10 ust. 1 ustawy o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; The transfer of employee claims to the Guarantee Fund does not depend on the Fund reserving the employer's repayment obligation, as the obligation arises by operation of law.