2008 November

Resolution of 7 Judges dated on 19 th November 2008 (reference symbol of files I PZP 4/08).
Termination of work agreement to a female employee only due to acquisition of right to retirement on the basis of article 40 read with article 50 of the regulation dated on 17 December 1998 about retirement and pension from the Social Insurance Fund (uniformed text Journal of Law – 2004 No 39, pos. 353 with all the changes) is regarded as sex discrimination (article 113 of Labor Code).

Resolution of 7 Judges dated on 19 th November 2008 (reference symbol of files II PZP 11/08).
A driver of international transportation who goes on business trips within the framework of the work agreement, in the area stipulated in this agreement as the place of rendering the work is not on the business trip according to wording of article 775 § 1 of Labor Code.

Resolution of 7 Judges dated on 7 th November 2008 (reference symbol of files III CZP 72/08).
To the claims of the creditors of a limited liability company against members of its management board (article 299 of the Commercial Companies Code) shall apply the regulations about the limitation of the claims of the damage caused by the illicit act.

Resolution dated on 6 th November 2008 (reference symbol of files III CZP 106/08).
A complaint for a decision of the District Court can not be lodged if the decision is a complaint for the bailiff’s activity of retirement allowances seizure.

Resolution dated on 19 th November 2008 (reference symbol of files III CZP 94/08).
Member of the Management Board of the Limited Liability Company against whom the creditor raises claim stipulated in article 299 of the Commercial Companies Code can not use the argument of limitation of a claim with a writ of execution issued against a company.

Resolution dated on 20 th November 2008 (reference symbol of files III CZP 111/08).
A complaint can be lodged for a decision of a registry court in the scope of remuneration of liquidator of the registered partnership based on the court’s decision.

Resolution dated on 20 th November 2008 (reference symbol of files III CZP 107/08).
District court justifies its decision concerning complaint on the bailiff’s activity only when this complaint can be subject to prosecution.


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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