I PKN 535/99
AI generated
Supreme Court dismisses appeal; pension and retirement allowances are separate claims with independent limitation periods.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former prosecutor against the dismissal of his pension and retirement allowance claims. The plaintiff argued that the limitation period for the retirement allowance claim was violated, but the court held that these two types of allowances are distinct legal claims. Consequently, their respective limitation periods run independently, meaning the expiration of one does not affect the other.
Legislator headnote
AI generatedArt. 28 ust. 1 ustawy o pracownikach urzędów państwowych; Art. 118 ustawy o prokuraturze; Separate pension and retirement allowances constitute distinct claims with independent limitation periods.
Keywords
AI generated
pension allowance
retirement allowance
limitation period
separate claims
prosecutor employment
cassation appeal
independent limitation
Cited Legislation
AI generatedArt. 6 ust. 2 of the Act of 22 March 1990 on changes to the Act on the Polish People's Republic Prosecutor's Office, the Code of Criminal Procedure and the Act on the Supreme Court
Art. 28 ust. 1 of the Act of 16 September 1982 on employees of state offices
Art. 118 of the Act of 20 June 1985 on the Prosecutor's Office
Art. 291 § 1 of the Code of Labour Relations
Art. 292 of the Code of Labour Relations
Art. 328 § 2 of the Code of Civil Procedure
Art. 380 of the Code of Civil Procedure
Art. 390 of the Code of Civil Procedure
Art. 39311 of the Code of Civil Procedure
Art. 39312 of the Code of Civil Procedure