The recovery of outstanding receivables K 52/16
Ref. No. K 52/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 18 April 2018
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Leon Kieres
Małgorzata Pyziak-Szafnicka
Michał Warciński – Judge Rapporteur,
having considered, at a sitting in camera on 18 April 2018 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072) – an application lodged by the Ombudsman with the Tribunal to consider the conformity of:
Article 527(1) of the Act of 23 April 1964 – the Civil Code (Journal of Laws – Dz. U. of 2016, item 380, as amended) – insofar as it is applicable, in the light of the principle of analogia legis, to the recovery of public authorities’ outstanding receivables by recourse to an actio pauliana, which is a civil-law remedy – to Article 2 as well as Article 84 of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 527(1) of the Act of 23 April 1964 – the Civil Code (Journal of Laws – Dz. U. of 2017, item 459, as amended) – insofar as it is applicable, in the light of the principle of analogia legis, to the protection of public authorities’ outstanding receivables – is consistent with Article 2 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Julia Przyłębska
Zbigniew Jędrzejewski
Leon Kieres
Małgorzata Pyziak-Szafnicka
Michał Warciński