Supreme Court clarifies that insolvency date for employee claims is the filing date, not the ruling date, to align with EU Directive 80/987.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim for unpaid wages and severance. The lower court had incorrectly defined the insolvency date as the day a final ruling rejected the bankruptcy petition, whereas the Supreme Court held this date should be the day the petition was filed. The Court ruled that interpreting the domestic law to mean the ruling date would contradict the purpose and text of EU Directive 80/987/EEC, which requires the reference date to be the filing date to ensure timely compensation.
Legislator headnote
AI generatedArt. 6 ust. 4 i 6 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; The term 'day of insolvency' refers to the day the bankruptcy petition is filed, not the day the ruling rejecting the petition becomes final, to ensure compliance with the purpose of EU Directive 80/987/EEC.