Supreme Court ruled that both employer and employee must pay basic court fees in labor disputes under Art. 35 of the Civil Costs Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned the District Court's decision rejecting the employer's appeal due to insufficient court fee payment. The lower court incorrectly interpreted the Civil Costs Act, believing only employees were exempt from fees while employers faced proportional fees. The Supreme Court clarified that Article 35 establishes a basic fee obligation for both parties in labor disputes, regardless of their role as plaintiff or defendant.
Legislator headnote
AI generatedArt. 35 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych; Art. 94 ust. 1 pkt 4 ustawy o kosztach sądowych w sprawach cywilnych: The basic court fee under Article 35 applies to both the employee and the employer in labor disputes, whereas the exemption for employees filing lawsuits under Article 94 does not extend to appeals or impose proportional fees on employers.