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II URN 54/95 AI generated

Supreme Court allows early railway pension by quashing lower court decision due to retroactive law violation.

Case Number II URN 54/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's dismissal of Tadeusz G.'s claim for an early railway pension and remanded the case for retrial. The applicant had worked 40 years but only achieved this status after the railway division, which the lower court incorrectly applied to deny benefits. The Court ruled that the new law's retroactive application violated the principle of non-retroactivity and acquired rights, necessitating a correction to protect the state's interest in social security guarantees.

Legislator headnote

AI generated

Art. 5 ust. 2 ustawy z dnia 19 października 1991 r. o zmianie ustawy o przedsiębiorstwie państwowym PKP; Art. 47 ust. 3 ustawy z dnia 6 lipca 1995 r. o PKP: The court must quash a decision applying retroactive provisions that violate the principle of non-retroactivity and the protection of acquired rights when such application deprives a worker of a pension right they were entitled to under previous law.

Keywords

AI generated
retroactive law application acquired rights protection early railway pension principle of non-retroactivity social security benefits PKP railway division remand for retrial

Cited Legislation

AI generated
Art. 5 ust. 2 of the Act of 19 October 1991 on amending the Act on the State Enterprise PKP
Art. 47 ust. 3 of the Act of 6 July 1995 on PKP
Art. 121 of the Act of 20 December 1990 on social insurance of farmers
Art. 421 § 2 of the Code of Civil Procedure
art. 419 § 3 k.p.c
art. 233 § 1 k.p.c
art. 421 § 2 k.p.c

Cited Case Law

AI generated
II URN 44/94
Supreme Court invalidates social security law provision for violating Constitution due to lack of publication delay.
II URN 18/95
U 1/86
Constitutional court declares land lease fees regulation unconstitutional and sets three-month correction deadline.
K 9/92
Constitutional Court declares immediate customs duty exemption withdrawal unconstitutional due to violation of trust principle.

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