II URN 46/94
AI generated
Supreme Court allows pension claim by Polish repatriant without repatriation card, citing citizenship acquisition rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland set aside lower court rulings that dismissed a pension claim based solely on the lack of a repatriation card. The applicant argued that his permanent residence permit and subsequent citizenship acquisition proved his status as a repatriant under Polish law. The court held that the pension agency must inform the applicant of alternative ways to prove repatriant status, such as citizenship decisions, rather than strictly requiring the card.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy o obywatelstwie polskim; Art. 12 ust. 2 ustawy o obywatelstwie polskim: A foreigner of Polish origin who settled permanently and obtained citizenship is a repatriant entitled to pension recognition without a repatriation card.
Keywords
AI generated
Polish citizenship acquisition
repatriant status
pension entitlement
repatriation card requirement
social policy rights
administrative procedure
citizenship proof
Cited Legislation
AI generatedArt. 12 ust. 1 of the Polish Citizenship Act of 15 February 1962
Art. 12 ust. 2 of the Polish Citizenship Act of 15 February 1962
Art. 2 ust. 1 pkt 1 lit. e of the Act on Revaluation of Pensions and Allowances of 17 October 1991
Art. 3 § 2 of the Code of Civil Procedure
Art. 422 § 2 of the Code of Civil Procedure
art. 64 § 2 k.p
art. 218 ust. 1 k.p
art. 421 § 1 k.p.c
art. 127 k.p
art. 218 § 1 k.p