Legislator Case Law & Legislation
II UZ 52/97 AI generated

Supreme Court allows cassation appeal in pension right cases, rejecting value-based inadmissibility limits. The court ruled that determining the right to a pension based on a conversion factor is not a fixed monetary award. Consequently, the appeal was deemed admissible despite the low monetary value of the disputed sum. The decision clarifies that procedural limits for cassation do not apply when the core issue is the establishment of a legal right rather than the immediate payment of a specific sum. This interpretation ensures that parties can challenge decisions defining their entitlements to future benefits without being barred by monetary thresholds. The court emphasized that the essence of the dispute lies in the legal qualification of work periods, not the final calculation of the pension amount. Thus, the appeal was accepted to allow further review of the legal basis for the pension conversion factor.

Case Number II UZ 52/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a cassation appeal regarding a miner's pension. The appellant argued that the appeal was inadmissible because the disputed monetary value was below the statutory threshold, but the court found the core issue was the determination of the right to a pension based on a specific conversion factor. The court ruled that since the proceedings focused on establishing a legal entitlement rather than awarding a fixed sum, the monetary value limit for inadmissibility did not apply. Consequently, the cassation appeal was allowed to proceed for further review of the legal reasoning.

Legislator headnote

AI generated

Art. 393 pkt 1 KPC; Art. 397 KPC: The limitation on cassation appeals based on the monetary value of the subject matter does not apply when the proceedings concern the determination of a right to a benefit according to a specific rule, rather than the award of a fixed sum.

Keywords

AI generated
cassation inadmissibility pension right determination conversion factor monetary value threshold legal entitlement vs fixed sum Social Insurance Law procedural limitation

Cited Legislation

AI generated
Art. 393 pkt 1 KPC
Art. 397 KPC

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