Case vs. ZUS

Action of a group of insured persons against Zakład Ubezpieczeń Społecznych (ZUS) with its registered office in Warsaw

The action for establishment of the defendant’s liability towards group members resulting from the unlawful exercise of public authority by Zakład Ubezpieczeń Społecznych in the scope of implementation of social insurance regulations by misleading and unreliable informing the group members as persons conducting non-agricultural business activity (entrepreneurs) about the possibility to report a temporary cessation of business activity in order to de-register from the social insurance system and not be subject to obligatory social insurance contributions during these periods, as well as by providing misleading assistance and instructions on how to report the fact of temporary cessation to the defendant and by “accepting” such reports, confirming the group members’ belief that the “practice” of deregistration from the social insurance system for the period of suspension of the business activity (temporary cessation) in the legal system binding until 20 September 2008 was lawful.

19 members of the group (as of the date of the bringing an action)

  • Decision of the Court of Appeals in Warsaw 6th Civil Division of 9 March 2012, VI ACz 316/12 – amendment of the order of the President of 24th Civil Division of the Regional Court in Warsaw of 2 January 2012, XXV C 4/12
  • Order of the President of the 25th Civil Division of the Regional Court in Warsaw of 2 January 2012, XXV C 4/12 – setting an interim fee on a statement of claim
  • Statement of claims filed on: 30 December 2012