II UKN 54/99
AI generated
Supreme Court allows cassation appeal when a legal provision violation is obvious despite missing specific reasoning in the appeal grounds.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the cassation appeal against a social insurance court's denial of early retirement. The applicant argued that his time as a student in a farm household should count as employment, but the lower court rejected this based on witness testimony. The Supreme Court ruled that while the appeal lacked detailed reasoning, the alleged violation of the pension law was obvious enough to justify overturning the lower court's decision.
Legislator headnote
AI generatedart. 39311 KPC; art. 3933 KPC: The Supreme Court may consider a cassation appeal alleging a violation of a cited statutory provision even if the appeal grounds do not explicitly detail the violation, provided the violation is obvious.
Keywords
AI generated
cassation appeal grounds
obvious legal violation
social insurance law
early retirement rights
procedural limits of cassation
Cited Legislation
AI generatedart. 39311 KPC
art. 3933 KPC
art. 5 pkt 3 ustawy z dnia 17 października 1991 r. o rewaloryzacji i zasadach ustalania emerytur i rent
Cited Case Law
AI generatedII UKN 72/96(OSNAPiUS 1997 nr 15, poz. 275)