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II PK 145/08 AI generated

Supreme Court dismissed claim for damages regarding loss of free share acquisition right due to employee negligence.

Case Number II PK 145/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that denied her claim for damages. The court found that the plaintiff, a long-term employee, failed to submit a timely declaration to acquire shares due to her own negligence in checking internal records. Consequently, the court held that no causal link existed between the bank's actions and the loss of the right, as the plaintiff's inaction extinguished the entitlement.

Legislator headnote

AI generated

Art. 291 § 1 k.p.; Art. 112 k.p.; Art. 354 k.c.: A claim for damages arising from the loss of a statutory right to acquire shares is inadmissible if the claimant's own negligence caused the expiration of the right, thereby breaking the causal link between the defendant's conduct and the damage.

Keywords

AI generated
statutory share acquisition employee negligence causal link failure extinguishment of right cassation appeal dismissal damages claim procedural diligence

Cited Legislation

AI generated
Art. 291 § 1 k.p.
Art. 112 k.p.
Art. 354 k.c.
Art. 398 k.p.c.
Art. 102 k.p.c.
art. 291 § 1 k.p
art. 471 k.c
art. 300 k.p
art. 373 k.p.c
art. 361 k.c

Cited Case Law

AI generated
I PK 272/02
Failure to promptly notify employees of rights to acquire shares justifies compensation for lost share entitlement.
II PK 53/06
Total employee inactivity in exercising privatization rights due to personal fault bars compensation claims against the state or employer.
III CZP 49/07
Appeal court bound by procedural but not material claims; voidness considered ex officio.
III CZP 59/98
III CZP 19/04
Supreme Court rules inheritance claim for lost state employee stock option is labor law matter under Art. 476 k.p.c.

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