Legislator Case Law & Legislation
I PKN 397/97 AI generated

Supreme Court dismissed appeal, ruling administrative regulations exceeding statutory authority lack general binding force.

Case Number I PKN 397/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Jakub M. against a lower court's dismissal of his claim for increased remuneration. The dispute centered on whether an 1986 administrative regulation could include user-side quality improvements as a basis for calculating inventor compensation. The court held that the regulation exceeded the statutory authorization granted by the Invention Act and violated the principle of legal certainty, thereby lacking the status of general binding law.

Legislator headnote

AI generated

§ 22, § 23 of the Annex to the Order of the Minister of Science and Higher Education and Technical Achievements dated January 31, 1986; Administrative regulations exceeding statutory authorization and contradicting the Invention Act lack the character of generally binding law and cannot serve as the basis for labor claims.

Keywords

AI generated
administrative regulation statutory authorization general binding law inventor remuneration quality improvement legal certainty cassation appeal

Cited Legislation

AI generated
§ 22 and § 23 of the Annex to the Order of the Minister of Science and Higher Education and Technical Achievements dated January 31, 1986
Article 112, Section 3 of the Invention Act
Article 98, Section 2 of the Invention Act
Article 393, Section 12 of the Code of Civil Procedure

Cited Case Law

AI generated
I PR 90/89

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