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I PK 212/08 AI generated

Supreme Court corrects school director appointment date based on statutory six-month vacancy period rules.

Case Number I PK 212/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court partially allowed the cassation appeal by correcting the effective date of the school director appointment from September 1, 2007, to January 13, 2008. The lower court had ruled that the candidate's right to the position arose immediately after winning the competition, but the Supreme Court found this legally incorrect. The court determined that the school board was legally permitted to appoint a deputy for up to six months following the competition, meaning the candidate's mandatory appointment could not occur until that interim period expired.

Legislator headnote

AI generated

Art. 36a ust. 2, 3, 4a ustawy z dnia 7 września 1991 r. o systemie oświaty; The statutory six-month interim period for appointing a school director after a competition victory creates a mandatory deadline, preventing the appointment from taking effect earlier than the expiration of that interim period.

Keywords

AI generated
school director appointment statutory interim period cassation appeal outcome education law provisions effective date correction

Cited Legislation

AI generated
Art. 36a ust. 2, 3, 4a of the Education System Act of September 7, 1991
Art. 398 § 16 of the Code of Civil Procedure
Art. 398 § 14 of the Code of Civil Procedure
Art. 100 of the Code of Civil Procedure
art. 264 k.p
art. 291 k.p
art. 2 § 3 k.p.c
art. 64 k.c
art. 31 k.p
art. 1047 § 1 k.p.c

Cited Case Law

AI generated
Judgment of the Supreme Court of July 7, 1967, III CZP 32/66
I PK 74/02
Supreme Court dismissed teacher's appeal, ruling school dismissal is labor law, not administrative law.
I OSK 187/06
I OSK 590/07
IV CK 12/05
Supreme Court dismisses appeal, ruling civil courts must respect administrative decisions with irreversible legal effects despite procedural flaws.
II PK 79/04
Supreme Court dismisses appeal regarding employment contract obligation from public health facility selection process.
II PK 88/07
Supreme Court allows employment contract claim where job board wrongly rejected candidate due to document form errors.

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