Civil claim dismissed; statute of limitations runs from claim due date, not certificate issuance date.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a civil claim for compensation due to an employer's failure to issue a correct employment certificate. The lower courts ruled that the statute of limitations began when the certificate was issued, but the Supreme Court clarified that the claim's enforceability arises only when the resulting pension shortfall becomes due. Consequently, the court held that the limitation period runs from the date the claim becomes enforceable, not from the date the erroneous certificate was provided.
Legislator headnote
AI generatedart. 471 k.c.; art. 96, 97 ustawy o zaopatrzeniu emerytalnym; art. 118, 120 k.c.: The statute of limitations for a claim for compensation due to improper performance of an obligation runs from the date the claim becomes enforceable, not from the date the act causing the damage occurred.