I PKN 247/98
AI generated
Supreme Court allows union claim against bankrupt company's social fund, ruling bankruptcy does not extinguish the fund's assets.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the union's claim against the bankrupt company's social fund, overturning lower courts that dismissed it. The union argued that bankruptcy proceedings should not have extinguished the fund's assets, which were legally distinct from the company's general estate. The court held that bankruptcy does not eliminate the fund's purpose or its assets, thereby permitting the union to pursue the debt.
Legislator headnote
AI generatedArt. 62 ust. 1 Prawa upadłościowego; Art. 15 Prawa upadłościowego: Bankruptcy proceedings do not extinguish the assets of a social fund, allowing creditors to claim against them.
Keywords
AI generated
bankruptcy proceedings
social fund assets
union claim
estate exclusion
creditor rights
Cited Legislation
AI generatedArt. 62 ust. 1 of the Bankruptcy Law
Art. 15 of the Bankruptcy Law
Art. 12 ust. 2 of the Social Fund Act
Art. 22 § 1 of the Bankruptcy Law