Legislator Case Law & Legislation
II UKN 362/98 AI generated

Supreme Court dismisses pensioner's appeal, ruling res judicata applies to sentence substance, not flawed wording.

Case Number II UKN 362/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the pensioner's cassation appeal against the appellate court's rejection of her pension revaluation claim. The applicant argued that a prior administrative decision regarding her work period should have been considered, but the court held that the principle of res judicata applies to the substantive essence of a judgment rather than its incorrectly formulated sentence. Consequently, the court determined that the lower courts correctly established the work period based on available evidence, making any re-examination of that period inadmissible in the revaluation proceedings.

Legislator headnote

AI generated

Art. 245 § 1 k.p.c.; Art. 366 § 1 k.p.c.; The principle of res judicata applies to the substantive essence of a judgment in relation to the case status, not to its incorrectly formulated sentence.

Keywords

AI generated
res judicata pension revaluation cassation appeal sentence formulation administrative decision work period Supreme Court

Cited Legislation

AI generated
Art. 17 of the Act on revaluation of pensions and allowances
Art. 366 § 1 of the Code of Civil Procedure

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