Legislator Case Law & Legislation
II UKN 426/99 AI generated

Supreme Court dismisses cassation regarding social insurance early pension denial due to insufficient agricultural work duration. The court rejects procedural claims about legal representation and directness. The ruling confirms that occasional work does not count as full-time employment for pension purposes.

Case Number II UKN 426/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Maria B. against a lower court's denial of an early pension based on insufficient agricultural work history. The appellant argued that the court violated procedural rights by failing to inform her of the possibility of appointing a legal representative and by not adhering to the principle of directness in proceedings. The court rejected these claims, ruling that legal representation is not mandatory in social insurance cases and that the evidence clearly showed the appellant's work was merely occasional rather than full-time.

Legislator headnote

AI generated

Art. 5 ust. 1 k.r.s.; Art. 212 KPC; Art. 233 § 1 KPC; Art. 3931 KPC: The absence of a legal representative in social insurance proceedings does not constitute a procedural violation, and the Supreme Court's review is limited to factual findings rather than the reasoning in the lower court's judgment.

Keywords

AI generated
early pension entitlement agricultural work duration legal representation necessity principle of directness social insurance proceedings casation review scope full-time employment status

Cited Legislation

AI generated
Art. 5 ust. 1 k.r.s.
Art. 212 KPC
Art. 233 § 1 KPC
Art. 3931 KPC
Dz.U. Nr 104, poz. 450 ze zm.

Cited Case Law

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