Legislator Case Law & Legislation
II UKN 397/97 AI generated

Supreme Court dismisses appeal, remands case for full assessment of both work accident and general health disability pension rights.

Case Number II UKN 397/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and remanded the case to the Court of Appeal for a new trial. The applicant had submitted an alternative request for either a work accident pension or a general health disability pension, but the lower courts only ruled on the accident benefit. The Court held that this partial decision failed to address the full scope of the applicant's claim, violating the procedural requirement to adjudicate the entire subject matter of the dispute.

Legislator headnote

AI generated

art. 378 § 2 KPC; art. 21 ust. 3 ustawy o ubezpieczeniu społecznym rolników: When an applicant submits an alternative request for two types of disability benefits, the court must assess both; a ruling addressing only one type constitutes a failure to adjudicate the essence of the case under art. 378 § 2 KPC.

Keywords

AI generated
alternative request essence of the case disability pension agricultural insurance cassation appeal procedural error remand for retrial

Cited Legislation

AI generated
art. 378 § 2 KPC
art. 21 ust. 3 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text