Supreme Court dismissed appeal; employer in pre-act bankruptcy exempted from new restructuring act provisions.
Legislator summary
AI generatedThe 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 generatedArt. 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.