Legislator Case Law & Legislation
I PKN 658/98 AI generated

Supreme Court dismissed appeal on statute of limitations for fire service salary claims, noting civil court access applies to non-service decisions.

Case Number I PKN 658/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court's rejection of his claim for salary and work certificate. The plaintiff argued that civil court jurisdiction applied to salary disputes, while the lower courts held the claims were time-barred and lacked a service relationship. The court affirmed the dismissal, ruling that the statute of limitations had expired and that the plaintiff's prior administrative attempts to establish service status did not cure this procedural bar.

Legislator headnote

AI generated

Art. 36 of the Fire Service Decree; Art. 48 of the Fire Service Decree: Civil court jurisdiction applies to salary claims not covered by the exclusive administrative review of specific service decisions, but claims subject to the statute of limitations remain barred if not pursued within the prescribed period.

Keywords

AI generated
statute of limitations fire service salary civil court jurisdiction service relationship cassation appeal

Cited Legislation

AI generated
Art. 36 of the Fire Service Decree of 27 December 1974
Art. 48 of the Fire Service Decree of 27 December 1974
Art. 291 § 1 of the Code of Civil Procedure
Art. 292 § 2 of the Code of Civil Procedure
Art. 5 § 39312 of the Code of Civil Procedure

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