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III ZP 17/99 AI generated

Supreme Court refused advisory opinion on whether social insurance contributions belong to the State Treasury.

Case Number III ZP 17/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland refused to issue an advisory opinion regarding whether social insurance contributions are State Treasury assets. The Ministry of Labor sought clarification after a dispute arose between the State Treasury and the Social Insurance Institution over unpaid contributions from a state-owned agricultural agency. The court declined to rule because answering the question would necessitate a full retrial of the underlying dispute without the agency's participation, violating procedural fairness.

Legislator headnote

AI generated

Art. 13 pkt 3 ust. 2 ustawy o Sądzie Najwyższym; Art. 20 ust. 1 ustawy o Sądzie Najwyższym: The Supreme Court may refuse an advisory opinion if the question requires a full retrial of the underlying dispute, thereby depriving the opposing party of the right to present its case.

Keywords

AI generated
advisory opinion State Treasury social insurance contributions procedural fairness retrial necessity Supreme Court administrative law

Cited Legislation

AI generated
Art. 13 pkt 3 and Art. 16 ust. 2 of the Act of 20 September 1984 on the Supreme Court
Art. 20 ust. 1 of the Act of 20 September 1984 on the Supreme Court
Art. 5 of the Act of 19 October 1991 on the management of State-owned real estate

Cited Case Law

AI generated
Decision of the Seven-Judge Panel of the Supreme Court of 15 September 1993, II UZP 15/93
Decision of the Seven-Judge Panel of the Supreme Court of 18 February 1994, III CZP 172/93
Decision of the Seven-Judge Panel of the Supreme Court of 21 November 1997, III CZP 54/97
III CZP 165/95
III CZP 172/93
III CZP 54/97

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