Supreme Court allows new legal regulation as cassation ground, overturning lower court's dismissal of miner's pension recalculation.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the appellant to cite a new administrative regulation as a cassation ground, thereby overturning the lower courts' decision. The lower courts had denied a higher pension recalculation factor because the appellant's specific engineering role was not listed in an outdated official roster of mining supervision positions. The Supreme Court ruled that the lower courts erred by relying solely on this unverified administrative claim without considering the appellant's own evidence of the role's existence and nature. Consequently, the court determined that the new regulation correctly classified the appellant's work as mining leadership, entitling him to the higher pension factor.
Legislator headnote
AI generatedArt. 393 § 11 ust. 2 Kodeksu postępowania cywilnego; Art. 10a ust. 1 pkt 2 w zw. z art. 6 ust. 2 ustawy o zaopatrzeniu emerytalnym górników i ich rodzin: A new or supplementary legal regulation may be cited as a cassation ground, and its application constitutes a material law error if the lower courts failed to consider it despite available evidence.