Legislator Case Law & Legislation
II UKN 327/98 AI generated

Supreme Court dismissed appeal; expert medical opinions suffice without mandatory ex officio evidence for combatant disability.

Case Number II UKN 327/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Bolesław S. against a lower court's refusal to grant him a disability pension based on his time in a Nazi concentration camp. The applicant argued that the court failed to conduct ex officio evidence collection and misapplied the preamble of the Combatants Act, while the opposing party contended that existing expert medical opinions conclusively established no causal link between his current ailments and his wartime service. The court ruled that the preamble of the relevant statute does not create substantive rights and that the duty to collect evidence ex officio only applies when disputed facts remain unclarified, which was not the case here given the clear expert findings.

Legislator headnote

AI generated

Art. 12 ust. 1; Art. 3 pkt 2 ustawy z dnia 24 stycznia 1991 r. o kombatantach; Art. 232 KPC; The duty to conduct evidence collection ex officio applies only when disputed circumstances are unclarified, and expert medical opinions that sufficiently explain the case do not require further proceedings.

Keywords

AI generated
combatant disability pension ex officio evidence collection causal link medical opinion preamble substantive rights Supreme Court cassation

Cited Legislation

AI generated
Art. 232 KPC
Art. 39312 KPC
Art. 12 ust. 1 ustawy z dnia 24 stycznia 1991 r. o kombatantach
Art. 3 pkt 2 ustawy z dnia 24 stycznia 1991 r. o kombatantach

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