Legislator Case Law & Legislation
I PKN 56/01 AI generated

Supreme Court dismissed appeal, ruling Art. 411 § 2 K.P. applies only to pre-bankruptcy fixed-term contracts, not post-bankruptcy ones.

Case Number I PKN 56/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the bankruptcy administrator against the Regional Court's decision invalidating a termination of employment. The plaintiff, an accountant, had a fixed-term contract renewed after the employer's bankruptcy declaration, which the lower courts held could be terminated only upon the conclusion of the bankruptcy proceedings. The Supreme Court ruled that Article 411 § 2 of the Code of Civil Procedure applies exclusively to fixed-term contracts concluded before the bankruptcy announcement, thereby rejecting the administrator's argument that the provision extended to contracts signed during the proceedings.

Legislator headnote

AI generated

Art. 411 § 2 k.p.; Art. 393 § 12 k.p.c.: The provision regarding termination of fixed-term employment contracts due to employer bankruptcy applies solely to contracts concluded prior to the bankruptcy announcement, excluding those established during the proceedings.

Keywords

AI generated
bankruptcy termination fixed-term contract Code of Civil Procedure post-bankruptcy employment cassation appeal dismissal

Cited Legislation

AI generated
Art. 411 § 2 k.p.
Art. 393 § 12 k.p.c.
art. 411 § 2 k.p
art.411 § 1 k.p
art. 33 k.p
art.411 k.p
art. 39312 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text