Social Insurance Fund exempt from court fees under social insurance law despite new civil costs law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned the appellate court's dismissal of the Social Insurance Fund's appeal, ruling that the Fund remains exempt from court fees. The appellate court had rejected the appeal because the Fund failed to pay a basic fee, arguing that a newer civil costs law superseded the older social insurance law's exemption. The Supreme Court held that the specific exemption in the social insurance law was not repealed by the general civil costs law, as the legislature did not explicitly derogate from it. Consequently, the Fund is not liable for the fee, and the improperly collected amount must be refunded.
Legislator headnote
AI generatedUstawa z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych, art. 114 ust. 4; Ustawa z dnia 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych, art. 36: The specific statutory exemption from court fees granted to the Social Insurance Fund under the social insurance law remains valid and is not superseded by the general civil costs law, which did not explicitly repeal or derogate from that specific provision.