Legislator Case Law & Legislation
I PKN 11/99 AI generated

Supreme Court dismisses appeal regarding school director appointment term shorter than five years. Appeal rejected due to lack of statutory grounds for invalidation.

Case Number I PKN 11/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal filed by Regina W. against the lower court's rejection of her claim to establish a five-year school director appointment. The plaintiff argued that the municipal council appointed her for only two years without valid justification, violating the Education System Act. The court ruled that the lower court correctly applied Article 189 of the Code of Civil Procedure to reject the claim, as the plaintiff failed to prove a legally recognized 'justified case' for the shortened term.

Legislator headnote

AI generated

Art. 36a ust. 8 zdanie drugie ustawy o systemie oświaty; Art. 189 KPC: The court may reject a claim to establish a five-year school director term if the plaintiff fails to demonstrate a statutory 'justified case' for deviation, and the burden of proof lies with the applicant rather than the supervisory organ.

Keywords

AI generated
school director appointment Education System Act justified case requirement Code of Civil Procedure administrative appeal dismissal term of office validity burden of proof

Cited Legislation

AI generated
Art. 36a ust. 8 zdanie drugie ustawy z dnia 7 września 1991 r. o systemie oświaty
Art. 189 KPC
Art. 18 KP
Art. 393 § 1 KPC

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