Gloss to the judgment of the Court of Appeal in Wrocław of 26 September 2019, II AKa 292/19

Abstract

In the commentary on the decision, the author indicates a fundamental flaw in the decision of the Court of Appeal in the part dismissing the claim, in the form of contradiction with the general principle of social justice, which was, after all, the basis for the enactment of the so-called “February Act” and the subsequent introduction of, inter alia, the provision of Article 8b into its content. He also critically refers to the current content of Article 8b of the February Act, which led the court to this kind of decision, and postulates an urgent reaction of the legislator.