2008 September

MAJOR CURRENT JUDICAL DECISSIONS OF SUPREME COURT

Resolution dated on 17 th September 2008 (reference symbol of files III CZP 82/08).
To claims of individual public health institution toward National Fund Health for reimbursement of expenses for the increased employees’ remunerations, due on the basis of article 4 – regulation dated on 16 th December 1994 about negotiation system of increase of average remuneration of entrepreneurs and about changes of other regulations (Journal of Laws dated on 1995, No. 1, pos. 2 with all the changes) applies 3-years’ limitation period stipulated in article 118 of Civil Code connected with claims in conducting a business activity. Due time for such claims is specified by the rules of settlement stipulated in the agreement of rendering medical services valid in the time period for which the employees were entitled to the increased remuneration.

Resolution dated on 17 th September 2008 (reference symbol of files III CZP 79/08).
In the proceedings for obligation to publish a correction or a reply (article 39 of regulation 1 dated on 26 th of January 1984 – Press Law, Journal of Laws No. 5, pos. 24 with all changes) are sued all former head editors of a journal or a newspaper.

Resolution dated on 17 th September 2008 (reference symbol of files III CZP 77/08).
If the debtor who stays in statutory joint property of husband and wife has a commitment that arose before the regulation dated on 17 th June 2004 came into force (regulation about change of the regulation – Family and Guardianship Code and some other regulations – Journal of Laws No. 162, pos. 1691) for the proceedings for court enforcement clause against the debtor regulations of the Civil Code proceedings in the former wording are applied.

Resolution dated on 17 th September 2008 (reference symbol of files III CZP 78/08).
According to the article 551 of the Civil Code liquidation of the state enterprise can not consist in its sale.


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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