Legislator Case Law & Legislation
II UK 53/06 AI generated

Supreme Court dismissed appeal against social security liability ruling for company board member after failed execution.

Case Number II UK 53/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Cezary W. against a Social Security Institution decision imposing liability for unpaid social security contributions. The court found that the board member was correctly held responsible because the execution against the company's assets proved entirely ineffective, and he failed to prove any statutory exemption. The court ruled that the burden of proving exemption lies with the board member, and since he did not demonstrate that assets existed for execution or that bankruptcy proceedings were timely filed, the liability stands.

Legislator headnote

AI generated

Art. 116 § 1 Ordynacji podatkowej; Art. 108 § 3 ustawy o systemie ubezpieczeń społecznych: Liability of a company board member for tax/social security arrears arises only after the execution against the company's assets is entirely or partially ineffective, and the member bears the burden of proving statutory exemptions.

Keywords

AI generated
social security liability company board member tax execution ineffective execution burden of proof Ordynacja podatkowa exemption circumstances

Cited Legislation

AI generated
Art. 116 § 1 Ordynacji podatkowej
Art. 108 § 3 ustawy o systemie ubezpieczeń społecznych
Art. 398 § 14 k.p.c.
art. 3983 § 1 k.p.c
art. 365 § 1 k.p.c
art. 328 § 2 k.p.c
art. 233 § 1 k.p.c
art.11 k.p.c
art. 39814 k.p.c

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