Legislator Case Law & Legislation
III UZP 2/08 AI generated

Social security contributions pre-2003 subject to 5-year limitation period under old law version.

Case Number III UZP 2/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court refused to issue a ruling on the legal question regarding the limitation period for social security contributions. The applicant argued that obligations arising before January 1, 2003, were extinguished by the five-year limitation period applicable at the time. The Court determined that the transitional rules of the Civil Code require applying the old law's five-year period to debts not yet time-barred on December 31, 2002. Consequently, the Court declined to answer the question, effectively dismissing the applicant's request for a binding precedent on the matter.

Legislator headnote

AI generated

Art. 24 ust. 4 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych; Art. XXXV p.w.k.c.: Obligations arising before the new Civil Code and not time-barred on its entry into force are subject to the limitation period defined by the law in force at that time.

Keywords

AI generated
social security contributions limitation period transitional provisions Civil Code time-barred claims

Cited Legislation

AI generated
Art. 24 ust. 4 of the Social Insurance System Act of October 13, 1998
Art. 32 in conjunction with Art. 46 of the Social Insurance System Act of October 13, 1998
Art. 83 ust. 1 of the Social Insurance System Act of October 13, 1998
Art. 68 ust. 1 of the Social Insurance System Act of October 13, 1998
Art. 23 ust. 1 of the Social Insurance System Act of October 13, 1998
Art. 8 pkt 1c of the Health Insurance Act of February 6, 1997
Art. 26 of the Health Insurance Act of February 6, 1997
Art. 53 ust. 1 pkt 3 of the Employment Act of December 14, 1994
Art. 104 ust. 1 pkt 3 of the Employment Promotion Act of April 12, 2004
Art. XXXV of the Civil Code
Art. XXXVI of the Civil Code

Cited Case Law

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