Legislator Case Law & Legislation
II UKN 91/00 AI generated

Supreme Court dismisses appeal; rent suspension decision justifies full case termination under KPC Art. 47713.

Case Number II UKN 91/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal, ordering the termination of the entire proceedings based on Article 47713 of the Civil Procedure Code. The applicant argued that the social insurance office's decision to suspend pension payments should have been reviewed alongside three other pending decisions regarding his mining disability benefits. The court ruled that the first-instance court was correctly limited to examining only the suspension issue, as the other claims were already resolved in separate, final judgments, making the current case fully ripe for termination.

Legislator headnote

AI generated

Art. 47713 KPC; Art. 199 § 1 pkt 2 KPC; When a social insurance office's decision suspending benefit payment is challenged in court, the proceedings must be terminated in their entirety under Art. 47713 KPC without determining the benefit's nature or amount, provided the office has addressed all claims in that specific decision, as other pending claims are handled in separate proceedings.

Keywords

AI generated
social insurance suspension termination of proceedings civil procedure code mining disability pension separate proceedings final judgment scope of review

Cited Legislation

AI generated
Art. 47713 KPC
Art. 199 § 1 pkt 2 KPC
Art. 4779 § 4 KPC
Art. 4779 § 1 KPC
Art. 38512 KPC

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