II PK 147/07 AI generated

Supreme Court dismisses appeal where Water Board Council opinion was invalidly given by its Presidium.

Case Number II PK 147/07

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2008-01-29

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against a regional water authority's decision to remove him from his deputy director position. The court found that the authority failed to comply with the Water Law by seeking an opinion from the Council's Presidium instead of the full Council in the required form of a resolution. Consequently, the removal procedure was deemed legally defective because the Presidium lacked the competence to issue binding opinions on such personnel matters.

Legislator headnote

AI generated

Art. 93 ust. 2 Prawa wodnego; Art. 98 ust. 4 Prawa wodnego w związku z art. 100 ust. 6 Prawa wodnego: The opinion required by law for removing a deputy director must be issued by the full Council in the form of a resolution; an opinion given by the Presidium is invalid and does not satisfy the statutory requirement.

Keywords

AI generated

Water Law Personnel Removal Council Competence Presidium Authority Formal Resolution Labor Dispute Procedural Defect

Cited Legislation

AI generated

art. 93 ust. 2 i art. 98 ust. 4 w związku z art. 100 ust. 6 ustawy z dnia 18 lipca 2001 r. - Prawo wodne

art. 38 k.p.

art. 70 § 2 k.p

art. 38 k.p

art. 70 k.p

art. 69 k.p

art. 45 § 2 k.p

art. 39816 k.p.c

Supreme Court dismisses appeal where Water Board Council opinion was invalidly given by its Presidium.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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