II URN 51/95 AI generated

Supreme Court dismissed extraordinary review due to procedural delay and lack of state interest violation despite legal error.

Case Number II URN 51/95

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1996-03-20

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Ministry of Labor against a social insurance court ruling. Although the lower court decision was found to contain a serious legal error regarding the classification of a spouse as an employee versus a collaborator, the review was procedurally barred by a six-month time limit. The court determined that the error did not constitute a violation of the state's interest because the financial consequences were minimal and did not undermine the legal order's stability.

Legislator headnote

AI generated

Art. 421 ust. 2 k.p.c.; Although an extraordinary review may be filed for a decision rendered with a serious violation of law, it is only admissible if the decision violates the interest of the Republic of Poland, which requires a breach of fundamental constitutional principles such as the principle of trust in the legal order.

Keywords

AI generated

extraordinary review state interest procedural time limit legal order stability social insurance classification principle of trust Supreme Court jurisdiction

Cited Legislation

AI generated

Art. 421 ust. 2 k.p.c.

art. 4 ust. 2 pkt 2 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych

art. 421 ust. 2 k.p.c

art. 421 § 2 k.p.c

Cited Case Law

AI generated

I PRN 1/91

II ARN 41/90

I PRN 51/93

I PRN 66/93

Supreme Court dismissed extraordinary review due to procedural delay and lack of state interest violation despite legal error.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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