Legislator Case Law & Legislation
II URN 48/94 AI generated

Supreme Court quashes labor court verdict for failing to examine witnesses regarding mining pension eligibility.

Case Number II URN 48/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court set aside the lower court's dismissal of the pension claim due to a failure to examine witnesses. The applicant had submitted witness statements to the social insurance agency, which the court ignored, arguing the applicant's absence and the witnesses' low credibility were sufficient grounds. The court ruled that the lower court violated procedural duties by not conducting a comprehensive fact-finding process, necessitating a retrial.

Legislator headnote

AI generated

Art. 3 § 2 k.p.c.; Art. 224 § 1 k.p.c.; Art. 316 § 1 k.p.c.; Art. 422 § 2 k.p.c.: A court must examine all relevant circumstances and witness statements before rendering a judgment; failure to do so constitutes a serious violation of law requiring the case to be remanded for retrial.

Keywords

AI generated
social insurance pension mining worker status witness examination duty procedural violation extraordinary review fact-finding obligation remand for retrial

Cited Legislation

AI generated
Art. 3 § 2 k.p.c.
Art. 224 § 1 k.p.c.
Art. 316 § 1 k.p.c.
Art. 422 § 2 k.p.c.
Art. 1 Konstytucji
art. 3 § 2 k.p.c
art. 422 § 2 k.p.c
art. 1 Konstytucji

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