Legislator Case Law & Legislation
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.

Case Number II UKN 54/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

art. 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 generated
art. 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 generated
II UKN 72/96(OSNAPiUS 1997 nr 15, poz. 275)

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