The exclusion of a limitation period for the recovery of insurance premium receivables secured by a mortgage P 2/18
Ref. No. P 2/18
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 20 May 2020
The Constitutional Tribunal, composed of:
Justyn Piskorski – Presiding Judge
Leon Kieres – Judge Rapporteur
Krystyna Pawłowicz
Piotr Pszczółkowski
Rafał Wojciechowski,
having considered, at a sitting in camera on 20 May 2020 – 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. of 2019, item 2393) – the question of law referred by the Circuit Court in Gliwice as to
whether Article 24(5) of the Act of 13 October 1998 on the Social Insurance System (Journal of Laws – Dz. U. of 2016 item 963, as amended) is consistent with Article 64(2) and (3) in conjunction with Article 31(3) of the Constitution of the Republic of Poland,
adjudicates as follows:
whether Article 24(5) of the Act of 13 October 1998 on the Social Insurance System (Journal of Laws – Dz. U. of 2020 items 266, 321, 568, 695 and 875) – insofar as it excludes a limitation period for the recovery of insurance premium receivables secured by a mortgage – is consistent with Article 64(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. of 2019, item 2393), to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Justyn Piskorski
Leon Kieres
Krystyna Pawłowicz
Piotr Pszczółkowski (dissenting opinion)
Rafał Wojciechowski