Legislator Case Law & Legislation
II UKN 121/97 AI generated

Supreme Court quashes social security judgment for lack of written reasoning and remands case.

Case Number II UKN 121/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment due to the absence of a written reasoning, remanding the case for a new trial. The applicant, a farmer, sought disability pension based on long-term inability to work in his specific farm, arguing the lower court failed to properly assess his condition against the statutory six-month threshold. The court upheld the cassation request, emphasizing that the law requires an evaluation of incapacity relative to the specific farm's needs rather than general agricultural work.

Legislator headnote

AI generated

Art. 12 ust. 1 ustawy o zmianie KPC; Art. 393 KPC: In the absence of written reasoning, the Supreme Court must quash the judgment and remand the case for a new trial.

Keywords

AI generated
lack of written reasoning social security disability pension farmer incapacity assessment specific farm requirements six month threshold remand for retrial written reasoning requirement

Cited Legislation

AI generated
Art. 12 ust. 1 of the Act of 1 March 1996 on amending the Code of Civil Procedure
Art. 393 KPC
Art. 21 ust. 1 and 2 of the Act of 20 December 1990 on social insurance of farmers

Cited Case Law

AI generated
II URN 5/95
III AUr 130/94

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