Supreme Court dismisses extraordinary review when lower court fully assessed disability pension rights despite organ's partial non-decision.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Minister of Justice against a lower court's decision denying a disability pension. The applicant, an invalid of the third group, had previously worked as an employee and later as a collaborator, but the social insurance office only issued a decision refusing the pension based on employment status without addressing the collaborator status. The lower court correctly evaluated all relevant facts and legal grounds for both employment and collaboration, concluding that the applicant's disability arose too late to qualify for a pension under either regime. The Supreme Court found no error in this comprehensive assessment and rejected the argument that the lower court failed to address the unexamined portion of the claim.
Legislator headnote
AI generatedart. 47714 § 3 k.p.c.; art. 421 § 1 k.p.c.; If a social insurance organ issues a decision refusing a pension without assessing all grounds, the court must either order the organ to decide within a set time or rule on the merits; if the lower court has already fully examined all grounds and facts, the extraordinary review is dismissed.