I PK 190/09 AI generated

Supreme Court allows compensation for underpaid pension due to faulty work certificate, ruling it is not a periodic claim.

Case Number I PK 190/09

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2010-05-25

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland allowed the plaintiff's claim for compensation regarding an underpaid pension caused by an employer issuing a defective work certificate. The court determined that the employer was not a party to the pension dispute and that the compensation must cover the net loss after tax deductions. Consequently, the Court ruled that the claim is not periodic and does not fall under the three-year limitation period, ordering the lower court to retry the case.

Legislator headnote

AI generated

Art. 476 § 1 pkt 1 k.p.c.; Art. 118 k.c.: Compensation for an underpaid pension resulting from a defective work certificate is not a periodic claim but a single obligation to compensate for distinct damages arising from each month's shortfall.

Keywords

AI generated

defective work certificate underpaid pension periodic claim limitation period employer liability compensation claim net loss calculation

Cited Legislation

AI generated

Art. 476 § 1 pkt 1 k.p.c.

Art. 118 k.c.

Art. 291 § 1 k.p.

Art. 471 k.c.

Art. 300 k.p.

Art. 398 § 1 k.p.c.

Art. 108 § 2 k.p.c.

Art. 398 § 21 k.p.c.

art. 47711 § 2 k.p.c

art. 471 k.c

Cited Case Law

AI generated

Civil claim dismissed; statute of limitations runs from claim due date, not certificate issuance date.

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