II URN 1/96
AI generated
Supreme Court quashes lower court order forcing social security agency to issue specific pension decision due to procedural violation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed a lower court judgment that ordered the social security agency to issue a specific pension decision. The court found this mandatory order violated Article 477 § 14 of the Civil Procedure Code, as such orders are only permitted when an appeal concerns the non-issuance of a decision due to inactivity. Consequently, the case was remanded to the lower court for a new factual determination regarding the applicant's employment periods.
Legislator headnote
AI generatedArt. 477 § 14 k.p.c.; The court may not order a social security body to issue a specific decision unless the appeal concerns the non-issuance of a decision due to inactivity, as such orders violate the principle of judicial trust and procedural rules.
Keywords
AI generated
social security appeal
mandatory court order
procedural violation
pension decision
judicial trust principle
remand for retrial
civil procedure code
Cited Legislation
AI generatedArt. 477 § 14 k.p.c.
Art. 3 § 2 k.p.c.
Art. 325 § 1 k.p.c.
Art. 369 pkt 4 k.p.c.
Art. 421 § 2 k.p.c.
Art. 422 § 2 k.p.c.
Art. 350 § 1 k.p.c.
Art. 477 § 9 § 4 k.p.c.
Art. 477 § 3 k.p.c.
Art. 477 § 5 k.p.c.
Art. 28 ust. 2 ustawy o rewaloryzacji