Legislator Case Law & Legislation
II UZ 18/97 AI generated

Supreme Court dismissed appeal as inadmissible because the case concerns pension amount, not entitlement, under KPC Art. 393.1.

Case Number II UZ 18/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal as inadmissible, ruling that the dispute concerned the calculation of the pension amount rather than the right to receive it. The appellant argued that the pension was undervalued due to errors in the base indicator and base amount used by the social insurance agency, claiming a difference of over 2,390 PLN. The court determined that since the disputed value was below the 5,000 PLN threshold for cassation under Article 393 of the Code of Civil Procedure, the appeal was procedurally barred.

Legislator headnote

AI generated

Art. 393 ust. 1 KPC; Art. 393 § 5 KPC: Cassation is inadmissible in cases concerning the amount of a benefit where the disputed value is below 5,000 PLN, as such disputes do not involve the establishment of the right to the benefit.

Keywords

AI generated
pension amount dispute cassation inadmissibility value threshold 5000 PLN social insurance benefits procedural bar KPC

Cited Legislation

AI generated
Art. 393 ust. 1 KPC
Art. 393 § 5 KPC
Art. 385 KPC
Art. 393 § 19 KPC
Art. 397 KPC

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