2009 June

Resolution of 4 June 2009 (reference symbol of files III CZP 33/09).
Registry Court makes the entry to the insolvent debtor registry according to the legally valid court’s decision that constitutes the basis for the entry even if the wording of this decision is not in accordance with IT system of National Court Register due to the fact that the decision does not include all bans stipulated in article 55 subsection 4 of 20 August 1997 about National Court Register (Journal of Law of 2007 No. 168, item 1186 with all later amendments) read with article 373, subsection 3 of Act of 28 February 2003 – Bankruptcy and Reorganization Law (Journal of Law No. 60, item 535 with all later amendments).

Resolution of 4 June 2009 (reference symbol of files III CZP 34/09).
If a decision about property division contains the provision which states that in the event of selling separated plots of land road easements enabling access to the public road shall be made or the sale of shares to rights to the plot that constitutes internal road shall be conducted, the transfer of rights agreement to the separated plot of land concluded without meeting the above-mentioned condition is null and void (article 58 § 1 of Civil Code read with article 99 and 93, subsection 3 of Act of 21 August 1997 about real-estates management, informed text: Journal of Law of 2004, No. 261, item 2603 with all later amendments).

Resolution of 25 June 2009 (reference symbol of files III CZP 40/09).
If the demand of annulling several resolution of defendant housing community is included in one statement of claim, the basis for costs of legal representation of the party represented by attorney-at-law is the minimal rate stipulated in § 10, subsection 1, paragraph 1 of Minister of Justice regulation of 28 September 2002 about attorneys-at-law fees and costs of legal advice given by attorney-at-law ex officio incurred by State Treasury (Journal of Law No. 163, item 1349 with all later amendments), irrespective of the number of challenged resolutions.

Resolution of 7 judges of 18 June 2009 (reference symbol of files I PZP 2/09).
An employee, who has been restored to work on previous terms on the basis of the labor court’s decision after establishing that termination of the work agreement for indefinite period of time was groundless or breached work termination regulations, is entitled to remuneration for the non-employment period on the basis of article 47 of Labor Code but is not entitled to compensation on the basis of Civil Code regulations.

Resolution of 7 judges of 18 June 2009 (reference symbol of files III PZP 1/09).
Termination of work relationship under article 23 § 4 of Labor Code does not constitute the basis to obtain severance pay, stipulated in article 8 of Act of 13 March 2003 about specific rules of work termination due to reasons not related to an employee (Journal of Law No. 90, item 844 with all later amendments), unless the there was a serious and unfavorable for an employee change of work conditions and it became the reason for work termination.


Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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