I PKN 166/97
AI generated
Polish Supreme Court dismisses appeal regarding military pay jurisdiction, upholding administrative review over civil courts.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former officer seeking unpaid military wages. The plaintiff argued that civil courts should handle the case under labor law, but the court confirmed that the 1974 Pay Act mandates military organs to decide on compensation. The court ruled that the plaintiff's current civilian status does not alter the nature of the claim, which remains a military service dispute subject to administrative review.
Legislator headnote
AI generatedArt. 9 ust. 4 ustawy z dnia 17 grudnia 1974 r. o uposażeniu żołnierzy; Art. 464 § 1 KPC: Claims for military pay are exclusively within the jurisdiction of military organs and administrative courts, not civil courts, regardless of the claimant's current employment status.
Keywords
AI generated
military pay jurisdiction
administrative review
civil court exclusion
service relationship
cassation appeal dismissal
Cited Legislation
AI generatedArt. 9 ust. 4 of the Act of 17 December 1974 on the pay of soldiers
Art. 464 § 1 of the Code of Civil Procedure
Act of 10 December 1993 on the pension provision for professional soldiers and their families