Legislator Case Law & Legislation
II UKN 76/96 AI generated

Supreme Court dismisses pension agency's request to restart proceedings regarding disability pension eligibility. The court ruled that the agency cannot assume facts from civil court complaints. The decision clarifies that administrative and judicial review procedures are distinct legal institutions.

Case Number II UKN 76/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the pension agency's request to restart proceedings regarding the applicant's disability pension eligibility. The agency argued that the lower court failed to examine the applicant's earnings history, which was crucial for determining if the disability arose within the required 18-month period after employment ended. The court held that the agency cannot assume facts from the applicant's civil court complaint and that the administrative review procedure under the pension law is distinct from judicial review under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 80 ust. 2 pkt 2 ustawy o zaopatrzeniu emerytalnym; Art. 403 § 2 KPC: The pension agency cannot initiate administrative review proceedings based on a civil court complaint, as these are separate legal institutions requiring specific factual grounds.

Keywords

AI generated
pension review procedure administrative review judicial review distinction disability pension eligibility evidence assumption

Cited Legislation

AI generated
Art. 80 ust. 2 pkt 2 of the Act on Pension Provision for Employees and Their Families
Art. 403 § 2 of the Civil Procedure Code
Art. 393 § 12 of the Civil Procedure Code
Art. 23 ust. 1 of the Act on the Organization and Financing of Social Insurance

Cited Case Law

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