Legislator Case Law & Legislation
II UKN 221/00 AI generated

Supreme Court dismissed appeal; ten-year limitation applies only if injury stems from a criminal offense with intent or negligence.

Case Number II UKN 221/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
civil code limitation period criminal negligence requirement workplace safety violation indirect causation of injury ten year limitation rule

Cited Legislation

AI generated
Art. 442 § 2 KC
Art. 191 § 1 K.k.
Art. 191 § 2 K.k.
Art. 393 KPC

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