I PK 43/05 AI generated

Supreme Court dismissed employer's claim for interest on funds paid to employees in bankruptcy proceedings.

Case Number I PK 43/05

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2005-08-23

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland dismissed the bankrupt clothing factory's appeal against the Fund for Guaranteed Employee Benefits regarding interest payments. The court found that while employees are entitled to interest for the Fund's delay, these funds belong exclusively to the employees and cannot enter the bankruptcy estate. Consequently, the employer cannot claim interest on behalf of the Fund, and the awarded amount was returned to the employees.

Legislator headnote

AI generated

Art. 300 k.p.; Art. 481 § 1 k.c.; Art. 35 § 3 k.p.a.; Art. 6 ust. 2 ustawy o ochronie roszczeń pracowniczych: Funds paid by the Guarantee Fund to employees for employer insolvency must be used solely for their benefit and cannot be transferred to the bankruptcy estate or used to satisfy the employer's claims for interest.

Keywords

AI generated

bankruptcy estate employee benefits fund interest on debt employer insolvency guarantee fund liability bankruptcy proceedings creditor rights

Cited Legislation

AI generated

Art. 300 k.p.

Art. 481 § 1 k.c.

Art. 35 § 3 k.p.a.

Art. 6 ust. 2 ustawy o ochronie roszczeń pracowniczych

art. 481 § 1 k.c

art. 233 § 1 k.p.c

art. 5 k.c

art. 39317 k.p.c

art. 35 § 3 k.p

art. 300 k.p

Cited Case Law

AI generated

I PK 708/03

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

Supreme Court dismissed employer's claim for interest on funds paid to employees in bankruptcy proceedings.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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