Legislator Case Law & Legislation
II UK 416/08 AI generated

Supreme Court dismisses appeal, ruling municipal liability for social insurance debts of its non-legal-person unit must be found in the municipal self-government act.

Case Number II UK 416/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal against a lower court decision transferring liability for social insurance debts incurred by a dissolved municipal school. The municipality argued it should not be liable because the school lacked legal personality, while the Social Insurance Fund relied on public finance laws. The Court held that since the school was a budget unit without legal personality, its debts are inherently the municipality's debts under the Municipal Self-Government Act, rendering the lower court's application of the Public Finance Act incorrect.

Legislator headnote

AI generated

Ustawa o samorządzie gminnym; Ustawa o finansach publicznych: For a municipal budget unit without legal personality, the municipality bears liability for its debts as its own debts under the Municipal Self-Government Act, not under the Public Finance Act.

Keywords

AI generated
municipal liability social insurance debts budget unit legal personality municipal self-government act public finance act dissolved school

Cited Legislation

AI generated
Ustawa z dnia 8 marca 1990 r. o samorządzie gminnym
Ustawa z dnia 26 listopada 1998 r. o finansach publicznych
art. 411 pkt 1 k.c
art. 21 ust. 1 Konstytucji RP

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