Legislator Case Law & Legislation
I PK 134/09 AI generated

Cassation appeal dismissed; salary determination for customs officer not an administrative act subject to administrative court jurisdiction.

Case Number I PK 134/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a customs officer against a labor court judgment awarding him back pay. The lower courts correctly identified that setting a customs officer's salary is a service relationship matter governed by the Customs Service Act, not an administrative act requiring administrative court review. The appeal failed because the plaintiff relied solely on procedural errors without citing specific material law provisions that would substantiate his claim.

Legislator headnote

AI generated

Art. 81 ust. 1 ustawy o Służbie Celnej; Art. 82 tej ustawy; Art. 3983 § 1 pkt 2 k.p.c.: Determination of remuneration for a customs officer is not an administrative act but a service relationship issue adjudicated by labor courts, and a cassation appeal based solely on procedural error without material law grounds is inadmissible.

Keywords

AI generated
customs service relationship salary determination procedure labor court jurisdiction administrative act exclusion cassation appeal requirements

Cited Legislation

AI generated
Art. 81 ust. 1 of the Customs Service Act
Art. 82 of the Customs Service Act
Art. 2 of the Code of Civil Procedure
Art. 3983 § 1 pkt 2 of the Code of Civil Procedure
Art. 39814 of the Code of Civil Procedure
art. 5 k.p
art. 361 § 2 k.c
art. 300 k.p
art. 464 § 1 k.p.c
art. 464 k.p.c

Cited Case Law

AI generated

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