Case law > Judgement of the Regional Court in Warsaw 1st Civil Division of 14th February 2018

Judgement of the Regional Court in Warsaw 1st Civil Division of 14th February 2018
I C 599/14

  1. Social security is a function and duty of the State, and the Constitution of the Republic of Poland says nothing about the possibility (or lack of) the partial privatisation of this function. The issue of health care or education is similar. It is undisputed that OFE (Open Pension Funds) are a private legal way of performing the State’s constitutional task, similarly to private hospitals and universities, and this possibility was not questioned by the Constitutional Court. I C 599/14.
  2. (…) redemption of accounting units and their transfer to the Social Insurance Institution (ZUS) are not legal acts towards which establishing their validity pursuant to Article 189 of the Code of Civil Procedure is possible. Regardless of the doctrine definition of the term “legal act”, it is commonly assumed that the necessary part of any legal act, and at the same time exclusively defining it, is the declaration of will. Meanwhile, both the redemption of accounting units and the transfer of their equivalent to the Social Insurance Fund (FUS) does not contain a declaration of will, but constitutes a technical act in the performance of an instruction of a statutory provision which cannot be subject to control – in the scope of Article 58 § 1 of the Civil Code – by way of a claim provided for in Article 189 of the Code of Civil Procedure (judgment of the Supreme Court of 19th January 2012, IV CSK 217/11). Article 58 of the Civil Code refers only to legal actions (or declarations of intent), but does not apply to events that are not legal actions. Therefore, it is not possible to determine, by way of a claim based on Article 189 of the Civil Code of Civil Procedure, the invalidity of technical actions.

 

The Regional Court in Warsaw 1st Civil Division with the following ruling bench:

Presiding Judge: Rafał Wagner, Regional Court Judge

Judges: Ewa Ligoń-Krawczyk, Regional Court Judge, Bożena Chłopecka, Regional Court Judge

having examined on 1st February 2018 in Warsaw at the hearing in camera, the case filed by P.K. – the group representative, consisting of : K. A., T. A., E. B., J. B., R. C., J. F., I. G., D. G., K. G., M. G., G. J., P. J., W. K., A. K., M. K., T. K., J. K., M. Ż. (1), G. M., M. M., T. M., J. N., J. O., K. O., M. O., P. P. (1), A. P., P. P. (2), J. P., M. P., J. R., R. R., E. S., S. S., A. S., A. S., K. S., M. S., J. T., I. T., P. W., I. W., M. W., J. W. (1), S. W., J. W. (2), A. W., J. W. (3), J. Z. (1), G. Z., J. Z. (2), M. Ż. (2) [52 persons] against the State Treasury – Minister for Labour and Social Policy, Social Insurance Institution (ZUS), (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W., (…) a joint stock company with its registered office in W, (…) a joint-stock company with its registered office in W., (…) a joint-stock company with its registered office in W., (…) a joint stock company with its registered office in W., for a determination,

hereby decides to:

  1. dismiss the claim;
  2. waives the obligation to charge the claimant with the costs incurred by the defendants in the proceeding.