Supreme Court allows tort claims by suspending a 10-year statute of limitations until a Constitutional Court ruling takes effect.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned the appellate court's dismissal of the plaintiff's tort claims, which had been barred by a 10-year statute of limitations. The plaintiff, who developed cancer after decades of employment, argued the limitation period was unconstitutional, while the opposing party contended the law was clear. The court ruled that the Constitutional Court's finding of unconstitutionality meant the 10-year rule was invalid from its enactment, allowing the claim to be governed by a three-year limitation period instead.
Legislator headnote
AI generatedart. 190 ust. 3 Konstytucji RP; art. 442 § 1 k.c.: A provision declared unconstitutional by the Constitutional Court is deemed unconstitutional from its enactment date, and the suspension of its entry into force does not prevent the court from applying the rule that the invalid provision was never valid.