Legislator Case Law & Legislation
II URN 26/94 AI generated

Supreme Court allows appeal regarding pension calculation, permitting challenge to employment period even if previously unchallenged.

Case Number II URN 26/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially overturned the lower court's dismissal of the applicant's pension appeal, sending the case back for retrial. The applicant argued that work from 1941 to 1944 should be included in the pension calculation period, despite the Social Insurance Office and the lower court rejecting this claim based on witness testimony. The Court ruled that the lower court failed to conduct necessary evidence gathering and incorrectly assumed the applicant waived the right to challenge this specific employment period by not raising it in previous decisions.

Legislator headnote

AI generated

Art. 3 § 2, Art. 316 § 1, Art. 422 § 2 k.p.c.; The court must clarify all disputed facts through proper evidence proceedings, and a party retains the right to challenge specific elements of a pension decision even if those elements were not contested in prior proceedings.

Keywords

AI generated
pension appeal rights employment period calculation evidence gathering duty waiver of challenge social insurance dispute

Cited Legislation

AI generated
Art. 3 § 2 k.p.c.
Art. 316 § 1 k.p.c.
Art. 422 § 2 k.p.c.
Art. 421 § 2 k.p.c.
art. 419 § 3 k.p.c
art. 316 § 1 k.p.c
art. 421 § 2 k.p.c
art. 422 § 2 k.p.c

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