I BU 6/13
AI generated
Supreme Court allows appeal against Social Insurance Office's refusal of coal subsidy to miner with pension rights.
Legislator summary
AI generatedThe Supreme Court allowed the appeal against the Social Insurance Office's refusal to pay a coal subsidy to a former miner. The court found the lower court's interpretation of the subsidy law too broad, failing to recognize that the right stems from a collective labor agreement rather than statutory pension acquisition. Consequently, the court ruled that the strict interpretation required by the law was violated, necessitating a reversal of the lower court's decision.
Legislator headnote
AI generatedArt. 2 pkt 1 ustawy z dnia 6 lipca 2007 r. o ekwiwalencie pieniężnym z tytułu prawa do bezpłatnego węgla; The right to a coal subsidy is a labor right derived from collective agreements, requiring strict statutory interpretation when the state assumes financial responsibility.
Keywords
AI generated
coal subsidy entitlement
collective labor agreement
strict statutory interpretation
social insurance office
mining industry rights
pension acquisition conditions
supreme court review
Cited Legislation
AI generatedArt. 2 pkt 1 ustawy z dnia 6 lipca 2007 r. o ekwiwalencie pieniężnym z tytułu prawa do bezpłatnego węgla dla osób uprawnionych z przedsiębiorstw robót górniczych
art. 42411 § 2 k.p.c.
art. 42411 § 2 k.p.c
Cited Case Law
AI generatedSK 20/04
Constitutional Court declares mining compensation law unconstitutional but limits ruling to transitional provisions only.
P 41/06
Constitutional Court dismisses question as inadmissible because constitutional review is not a prerequisite for ordinary court judgment.
S 2/07
Constitutional Court signals Parliament to amend coal subsidy rules regarding closed mines to ensure constitutional compliance.
II BP 3/05
Supreme Court dismissed appeal for non-compliance with law regarding late statute of limitations objection.
IV CNP 25/05
Supreme Court dismissed appeal claiming legal inconsistency, ruling errors require obvious judicial misinterpretation.
III BP 2/06
Supreme Court invalidates lower court ruling for misinterpreting wage increase law regarding medical duty pay.
I CNP 33/06
Supreme Court dismissed appeal; factual findings and legal characterization of transport contract were not erroneous.
I BP 10/06
Supreme Court dismissed appeal against labor court ruling on termination severance pay interpretation.
V CNP 132/06
Supreme Court dismissed appeal for non-compliance with law due to lack of obvious error in interpretation or application.
SK 4/11
Constitutional Court upholds narrow interpretation of civil appeal requiring obvious, flagrant, and qualified legal error.
SK 6/11
Constitutional Court dismisses redundant case due to prior ruling on same civil procedure article.
I BP 6/12