Legislator Case Law & Legislation
III ZP 13/00 AI generated

Labor law claim dismissed by court for not raising statute of limitations objection on its own motion.

Case Number III ZP 13/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court ruled that labor courts must not consider the statute of limitations ex officio but only upon the debtor's objection. The plaintiff argued that the lower court erred by dismissing the claim based on the expiration of the limitation period without a formal objection. The court rejected this, stating that the statutory language requires the debtor to actively invoke the defense, and the court lacks the authority to apply it sua sponte.

Legislator headnote

AI generated

Art. 292 KP; Art. 117 § 2 KC: The statute of limitations in labor law claims must be raised by the debtor as a defense; the court does not consider it ex officio.

Keywords

AI generated
statute of limitations labor law claims ex officio consideration debtor's defense limitation period labor code provisions procedural objection

Cited Legislation

AI generated
Art. 292 KP
Art. 117 § 2 KC
Art. 5 KC
Art. 8 KP

Cited Case Law

AI generated

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