Legislator Case Law & Legislation
II UZ 55/97 AI generated

Supreme Court held that missing value of dispute is not required for cassation admissibility in military pension right cases.

Case Number II UZ 55/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland granted the cassation appeal against a lower court's dismissal, ruling that the absence of a disputed value does not preclude admissibility. The appellant argued that the military pension right case involved establishing a property right rather than a specific monetary payment, thus bypassing the standard value threshold. The court agreed, noting that while the claim is property-related, the specific procedural requirement for valuing the dispute in this context was not a barrier to the appeal's validity.

Legislator headnote

AI generated

Art. 393 pkt 1 KPC; Art. 393 § 3 in fine KPC: In proceedings to grant a right to a military disability pension, which constitutes an establishment of a right rather than a claim for a specific monetary payment, the indication of the value of the subject matter of the appeal is not necessary for assessing the admissibility of the cassation.

Keywords

AI generated
military disability pension cassation admissibility value of dispute establishment of right property claim Supreme Court procedural requirement

Cited Legislation

AI generated
Art. 393 pkt 1 KPC
Art. 393 § 3 in fine KPC
Art. 3 ust. 3 of the Act on Pension Provision for Professional Soldiers and Their Families
Art. 2 pkt 1 b) of the Act on Pension Provision for Professional Soldiers and Their Families

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