Legislator Case Law & Legislation
II PK 8/08 AI generated

Civil court dismissed soldier's interest claim; military authority has exclusive jurisdiction over pay disputes.

Case Number II PK 8/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the soldier's civil lawsuit seeking interest payments from the state, ruling that such claims fall exclusively under military authority jurisdiction. The facts involved a professional soldier whose contract was terminated, leading to a dispute over unpaid interest on his salary. The court held that because the underlying pay rights are regulated by specific military statutes, the military body alone has the competence to adjudicate related interest claims, excluding ordinary civil courts.

Legislator headnote

AI generated

Art. 104 ust. 1 ustawy o uposażeniu żołnierzy niezawodowych; Art. 75 ust. 3 ustawy o służbie wojskowej żołnierzy zawodowych: Claims for interest arising from professional soldier's remuneration fall exclusively within the competence of military authorities, precluding jurisdiction of ordinary civil courts.

Keywords

AI generated
military jurisdiction civil court dismissal soldier remuneration interest claims exclusive authority

Cited Legislation

AI generated
Art. 104 ust. 1 of the Act on Remuneration of Professional Soldiers
Art. 75 ust. 3 of the Act on Military Service of Professional Soldiers
Art. 8 ust. 1 of the Act on Remuneration of Professional Soldiers
Art. 2 of the Code of Civil Procedure
Art. 398 § 1 of the Code of Civil Procedure
art. 481 § 1 k.c
art. 2 § 1 k.p.c
art. 2 § 3 k.p.c
art. 47 § 3 k.p.c
art. 5 k.c

Cited Case Law

AI generated

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