Legislator Case Law & Legislation
II URN 12/96 AI generated

Supreme Court dismisses extraordinary review for late filing despite legal error, upholding stability of judgments.

Case Number II URN 12/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed an extraordinary review filed by the widow of a miner against the Social Insurance Institution regarding family pension amounts. Although the court acknowledged a significant legal error in the lower court's application of pension distribution rules between the widow and the divorced wife, it rejected the appeal because the review was filed six months after the judgment became final. The court ruled that while the lower decision violated specific pension statutes, this procedural delay meant the state's interest was not sufficiently harmed to warrant overturning the stable judgment.

Legislator headnote

AI generated

Art. 24 ust. 1 ustawy o zaopatrzeniu emerytalnym górników i ich rodzin; Art. 45 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 421 § 2 KPC: Extraordinary review is inadmissible if filed after six months unless it violates the state's interest, which requires more than a mere legal error.

Keywords

AI generated
extraordinary review dismissal pension distribution rules state interest violation judicial stability principle social insurance law procedural time limits legal error assessment

Cited Legislation

AI generated
Art. 24 ust. 1 of the Act on Pension Provision for Miners and Their Families
Art. 45 ust. 3 of the Act on Pension Provision for Workers and Their Families
Art. 421 § 2 of the Code of Civil Procedure

Cited Case Law

AI generated
II ARN 41/90
I PRN 51/93
I PRN 66/93
I PRN 1/91

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