I PK 489/03
AI generated
Supreme Court dismisses appeal: Art. 411 Labor Code applies to employer liquidation and transfer of business. European law interpretation does not override domestic law. Labor Code Art. 411; European Community Law; Employer liquidation; Transfer of business; Labor rights; Judicial interpretation; Pre-accession events.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against the lower court's order to reinstate employees. The plaintiffs sought reinstatement after their employer went into liquidation and its assets were transferred to a new entity. The court ruled that Article 411 of the Labor Code applies to such transfers and that EU law interpretation cannot lead to the non-application of domestic provisions even for pre-accession events.
Legislator headnote
AI generatedArt. 411 k.p.; European Community Law: The obligation to interpret Polish labor law in light of EU law does not justify the non-application of domestic provisions, even if they appear inconsistent with EU goals, as this would constitute contra legem interpretation.
Keywords
AI generated
Employer liquidation
Transfer of business
Labor Code Art. 411
EU law interpretation
Contra legem principle
Pre-accession events
Reinstatement rights
Cited Legislation
AI generatedArt. 411 k.p.
art. 68 and 69 of the European Agreement of 16 December 1991
art. 393 § 1 k.p.c.
art. 108 § 2 k.p.c. in conjunction with art. 393 § 19 k.p.c.
art. 411 k.p
art. 231 § 1 k.p
art. 65 k.c
art. 300 k.p
art. 231 k.p
art. 47 k.p
Cited Case Law
AI generated399/96 Europrocess SA [1998] ECR I-06965
III RN 239/01
Supreme Court dismisses extraordinary review rejecting spatial trademark registration of a functional toy block shape.
III RN 240/01
Supreme Court dismisses extraordinary review; 3D shape lacks distinctiveness and cannot acquire secondary distinctiveness for trademark registration.
I PK 386/03
Supreme Court remands case to assess if postal service's failure to notify employee about stock rights caused damages.
III PK 38/04
Labor law: Collective guarantee package is a source of labor law; unfavorable changes require notice under Art. 42 § 1 k.p.