Supreme Court allows claim when EU insolvency proceedings start against a Polish employer's main activity center abroad.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the Employees' Guarantee Fund against a lower court ruling. The court held that insolvency under Polish law exists if an EU member state authority opens bankruptcy proceedings against an employer whose main business center is located in another member state, even if the employer is registered in Poland. The decision clarifies that the statutory definition of insolvency must be interpreted consistently with EU regulations regarding cross-border insolvency and the main center of business.
Legislator headnote
AI generatedArt. 6 ust. 1 pkt 1 ustawy o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; Art. 9 dyrektywy 2002/74/WE: Insolvency of an employer is established when a competent authority of an EU member state opens bankruptcy proceedings against an enterprise whose main center of business is located in another member state, regardless of the employer's place of registration.