Legislator Case Law & Legislation
II URN 11/96 AI generated

Supreme Court allows pension claim by revoking lower court ruling denying early retirement due to missing repatriation card.

Case Number II URN 11/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland revoked a lower court decision that denied an early pension to a worker who lacked a repatriation card. The applicant argued that his work in the former USSR should count toward pension eligibility, while the lower court insisted the card was the sole proof of repatriation status. The Supreme Court held that the lower court erred by failing to inform the applicant of alternative methods to prove Polish citizenship under the relevant citizenship act, thereby violating the principle of trust in legal institutions.

Legislator headnote

AI generated

Art. 17 ust. 4 ustawy o obywatelstwie; Art. 12 ust. 2 ustawy o obywatelstwie: The social security agency must inform the applicant of alternative means to prove repatriation status, such as a certificate of Polish citizenship, rather than demanding a specific repatriation card as the only evidence.

Keywords

AI generated
early retirement pension repatriation card requirement Polish citizenship proof social security agency duty principle of legal trust extraordinary revision procedure citizenship act provisions

Cited Legislation

AI generated
Art. 17 ust. 4 of the Act of 15 February 1962 on Polish Citizenship
Art. 12 ust. 2 of the Act of 15 February 1962 on Polish Citizenship
Art. 2 ust. 2 pkt e of the Act of 17 October 1991 on Revaluation of Pensions and Allowances
Art. 421 § 2 of the Code of Civil Procedure
Art. 421 § 1 and Art. 422 § 2 of the Code of Civil Procedure
Art. 477 § 5 of the Code of Civil Procedure
art. 421 § 2 k.p.c

Cited Case Law

AI generated

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