Legislator Case Law & Legislation
I PK 708/03 AI generated

Supreme Court dismissed appeal; employer in pre-act bankruptcy exempted from new restructuring act provisions.

Case Number I PK 708/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a lower court ruling that rejected the clothing factory's claim against the Employee Benefits Fund. The employer, having entered bankruptcy before the new restructuring law took effect, argued that the updated procedural rules regarding claim verification did not apply to it. The court held that Article 3 of the restructuring act explicitly excludes employers already in bankruptcy or liquidation from its provisions, meaning the old labor claim protection laws remained in force.

Legislator headnote

AI generated

Art. 29 ust. 1 ustawy z dnia 30 sierpnia 2002 r. o restrukturyzacji niektórych należności publicznoprawnych; Art. 3 tej ustawy: changes to labor claim protection regulations do not apply to employers in bankruptcy or liquidation prior to the act's entry into force.

Keywords

AI generated
restructuring act bankruptcy exclusion labor claims intertemporal law employee benefits fund cassation appeal procedural timeline

Cited Legislation

AI generated
Art. 29 ust. 1 of the Act of August 30, 2002 on restructuring certain public law claims of enterprises
Art. 3 of the Act of August 30, 2002 on restructuring certain public law claims of enterprises
Art. 7 ust. 2 of the Act of December 29, 1993 on protection of labor claims in case of employer insolvency
art. 35 § 1 k.p
art. 233 k.p.c
art. 378 § 1 k.p.c
art. 217 § 2 k.p.c
art. 381 k.p.c
art. 39313 k.p.c

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