Legislator Case Law & Legislation
I PRN 37/94 AI generated

Supreme Court partially allowed social security compensation claim exceeding 25 million zlotys for procedural review.

Case Number I PRN 37/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially granted Mariana S.'s claim for social security compensation against the State Treasury, specifically regarding the portion exceeding 25.320.800 zlotys. The lower courts had dismissed the entire claim, but the Supreme Court identified a procedural defect in the handling of the large sum. Consequently, the court set aside the lower rulings on the excess amount and remanded that specific issue for a new trial.

Legislator headnote

AI generated

Art. 240 ust. 1 k.p.c.; Art. 241 k.p.c.: When a claim exceeds a specific monetary threshold, the court must separately examine the excess portion; if procedural errors exist in the lower court's handling of this excess, the Supreme Court may set aside the lower ruling on that portion and remand the case for retrial.

Keywords

AI generated
social security compensation state treasury liability procedural defect remand for retrial monetary threshold supreme court review partial set aside

Cited Legislation

AI generated
Art. 240 ust. 1 k.p.c.
Art. 241 k.p.c.

Cited Case Law

AI generated

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