Legislator Case Law & Legislation
II UKN 517/98 AI generated

Supreme Court allows social security surcharge based on all evidence, rejecting arbitrary silence assumptions.

Case Number II UKN 517/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's decision and remanded the case for a new ruling on social security surcharges. The lower court had incorrectly assumed zero employees were exposed to noise in 1993 due to lack of measurements, ignoring contradictory statistical data and witness testimony. The Supreme Court held that the second instance judge violated procedural rules by arbitrarily limiting evidence evaluation, failing to consider all available proof when determining risk categories.

Legislator headnote

AI generated

§ 5 of the Council of Ministers' Regulation of January 29, 1990; The court must evaluate the credibility of all evidence based on its own conviction without arbitrariness, and cannot arbitrarily assume facts contrary to the totality of the evidence.

Keywords

AI generated
social security surcharge risk category assessment evidence evaluation arbitrary fact finding procedural error noise exposure statistical data

Cited Legislation

AI generated
§ 5 of the Council of Ministers' Regulation of January 29, 1990 on the amount and basis of social security contributions
art. 233 § 1 of the Code of Civil Procedure
art. 393 § 13 of the Code of Civil Procedure

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