Supreme Court dismissed appeal; ten-year limitation applies only if injury stems from a criminal offense with intent or negligence.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former locomotive driver against Polish State Railways regarding a supplementary pension claim. The lower courts had rejected the claim, applying a three-year limitation period because the employer's failure to follow safety regulations was deemed a mere administrative violation rather than a crime. The Court ruled that the ten-year limitation period under Article 442 § 2 of the Civil Code only applies when the injury is a direct consequence of a criminal act involving intent or negligence, which was not established in this case.
Legislator headnote
AI generatedArt. 442 § 2 KC; Art. 191 § 1, § 2 K.k.; The ten-year limitation period for compensation applies only when the damage is a direct consequence of a criminal act characterized by intent or negligence, not merely a violation of safety regulations.