Legislator Case Law & Legislation
II UK 403/03 AI generated

Supreme Court allows appeal, ruling social fund decisions on extra fees require substantive and purposeful judicial review.

Case Number II UK 403/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the social insurance fund's appeal against a lower court decision that exempted a company from an additional fee. The fund argued the decision was merely a formal check on payment status, but the court held that Article 24 of the Social Insurance Act mandates a review of the fee's substantive validity and purpose. Consequently, the court ruled that imposing such fees on insolvent entities lacks public interest and violates the principle of proportionality.

Legislator headnote

AI generated

Art. 24 ust. 1 ustawy o systemie ubezpieczeń społecznych; Art. 83 ust. 1 pkt 3 ustawy; Art. 393 k.p.c.: Decisions on additional fees are subject to full judicial control regarding substantive validity and purpose, not just formal prerequisites.

Keywords

AI generated
additional social insurance fee judicial review scope public interest requirement proportionality principle social insurance law insolvency protection substantive validity

Cited Legislation

AI generated
Art. 24 ust. 1 of the Social Insurance Act
Art. 83 ust. 1 pkt 3 of the Social Insurance Act
Art. 393 of the Code of Civil Procedure
art. 180 k.p
art. 7 k.p
art. 39312 k.p.c

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