Legislator Case Law & Legislation
III ARN 60/95 AI generated

Supreme Court rules military housing financial aid calculation date is vacancy day, not building completion notification.

Case Number III ARN 60/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court allowed the applicant's appeal against a decision to convert financial aid for military housing construction. The court found the lower authority incorrectly used the building completion notification date instead of the soldier's vacancy date to calculate aid amounts. Consequently, the Supreme Court set aside the contested decision and remanded the case for recalculation based on the correct legal standard.

Legislator headnote

AI generated

Art. 26 ust. 2 ustawy o zakwaterowaniu sił zbrojnych; § 3 ust. 1 rozporządzenia Rady Ministrów: Financial aid for military housing construction must be calculated based on the date of vacancy of the permanent quarters, not the date of building completion notification.

Keywords

AI generated
military housing aid financial assistance calculation permanent quarters vacancy administrative decision review statutory interpretation remand for recalculation democratic rule of law

Cited Legislation

AI generated
Art. 26 ust. 2 of the Act on Accommodation of Armed Forces
§ 3 ust. 1 of the Council of Ministers Regulation
§ 18 of the Ministry of National Defense Order No. 63/MON
§ 10 ust. 3 pkt 2 of the Ministry of National Defense Order No. 63/MON
Art. 421 § of the Code of Civil Procedure

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