Legislator Case Law & Legislation
II UZ 24/98 AI generated

Supreme Court dismisses appeal in social security case where calculated value falls below statutory 5000 zł threshold.

Case Number II UZ 24/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a social security court decision regarding pension amounts. The appellant argued that the appellate court improperly conducted a substantive review by calculating the value of the dispute, which was below the required 5,000 zł threshold for cassation under Article 393(1) of the Code of Civil Procedure. The court held that while the lower court had the duty to verify the value of the subject matter ex officio, the appellant failed to provide a valid calculation method, and the court's arithmetic comparison confirmed the value did not meet the statutory minimum.

Legislator headnote

AI generated

Art. 25 § 1 KPC; Art. 393 pkt 1 KPC: The court of cassation must verify the value of the subject matter ex officio to ensure it meets the statutory threshold; failure to do so renders the appeal inadmissible, and the appellant bears the burden of providing a valid calculation.

Keywords

AI generated
cassation admissibility value of subject matter social security dispute ex officio verification statutory threshold procedural control pension appeal

Cited Legislation

AI generated
Art. 25 § 1 KPC
Art. 393 pkt 1 KPC
Art. 385 KPC
Art. 397 § 2 KPC

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