II PK 57/06
AI generated
Supreme Court dismisses appeal regarding joint liability when a business is fully acquired and the old entity liquidated.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal, quashing the lower court's ruling on joint liability for overtime pay and costs. The court found the first-instance judgment factually unclear regarding whether the entire business or only part of it was transferred when the old entity was liquidated. Consequently, the court could not verify if the statutory rule for full acquisition applied, necessitating a remand for a new factual determination.
Legislator headnote
AI generatedart. 231 § 1, 2 k.p.; When a business is fully acquired and the previous employer is liquidated, only the new employer bears liability for pre-acquisition obligations, whereas joint liability applies only if the acquisition involves a partial transfer without the old employer's liquidation.
Keywords
AI generated
joint employer liability
business acquisition
employer liquidation
labor law transfer
cassation appeal
factual uncertainty
remand for retrial
Cited Legislation
AI generatedart. 231 § 1 k.p.
art. 231 § 2 k.p.
art. 398 § 1 k.p.c.
art. 108 § 2 k.p.c.
art. 231 k.p
art. 56 § 1 k.p
art. 171 § 1 pkt 1 k.p
art. 231 § 2 k.p
art. 369 k.c
art. 291 k.p
Cited Case Law
AI generatedIII ZP 16/00
III CZP 62/04
Supreme Court dismisses appeal against order rejecting appeal, ruling only revocation of rejection order is sufficient.
I PK 22/03
Employer violating social fund spending rules cannot invoke general clauses to avoid liability for damages.
III CZP 32/04
Supreme Court dismisses appeal confirming that a party cannot ratify acts by an unauthorized lawyer. The court rules that such acts are void and cannot be cured by ratification.