Legislator Case Law & Legislation
II UKN 539/97 AI generated

Supreme Court dismissed cassation against social security surcharge ruling due to procedural delays by the employer.

Case Number II UKN 539/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Ministry of Justice's cassation appeal against a lower court ruling that upheld a social security surcharge. The employer argued that labor inspectors' requests for surcharges were not subject to judicial review and that the Ministry's delay in filing the appeal violated the state's interest. The court found that the employer's own repeated, baseless attempts to file inadmissible appeals caused the missed six-month deadline, thereby invalidating the claim of procedural injustice.

Legislator headnote

AI generated

Art. 12 ust. 1 ustawy nowelizującej KPC; Art. 421 § 2 KPC: A cassation appeal filed after the expiration of the six-month limitation period is inadmissible if the delay was caused by the appellant's own baseless and inadmissible procedural actions.

Keywords

AI generated
social security surcharge judicial review of administrative acts limitation period for cassation state interest in justice procedural inadmissibility employer liability labor conditions

Cited Legislation

AI generated
art. 12 ust. 1 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego
art. 421 § 2 KPC
art. 417 § 1 KPC

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