Supreme Court dismissed cassation, upholding equal pension calculation based on hypothetical wages at the closest former job position.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the defendant against the lower court's judgment. The plaintiff, an electrician, sought a compensatory pension calculated based on the defendant company's current manager's salary, arguing it did not reflect his lost earning potential. The court ruled that since the plaintiff's former position no longer exists, the lower court correctly used the manager's salary as the closest comparable role to determine hypothetical wages. Consequently, the decision to base the pension on these hypothetical earnings was found not to violate the relevant Civil Code provision.
Legislator headnote
AI generatedArt. 444 § 2 KC; Art. 233 § 1 KPC; Art. 393 § 2 KPC: The court may determine compensatory pension based on hypothetical wages at the job position most similar to the one held by the injured party at the time of the accident, even if that specific position no longer exists.