Legislator Case Law & Legislation
II UKN 550/99 AI generated

Supreme Court dismissed cassation claiming lack of scientific opinion violated jurisdiction under Art. 290 KPC.

Case Number II UKN 550/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Zofia B. against the Social Insurance Institution's denial of a war invalidity pension. The lower courts determined that the applicant's disability, including psychiatric conditions, was not causally linked to her deportation to the former USSR, despite her request for a specialized scientific opinion. The Supreme Court ruled that the appellate court did not violate jurisdiction because the existing expert opinions were sufficient to resolve the factual dispute regarding the causal link, rendering the requested scientific opinion unnecessary.

Legislator headnote

AI generated

Art. 290 § 1 zd. 1 KPC; Art. 393 § 1 KPC: A request for a scientific opinion violates jurisdiction only if the opinion is instrumental in clarifying essential facts; otherwise, existing expert evidence suffices to resolve the causal link between deportation and disability.

Keywords

AI generated
jurisdictional competence scientific opinion requirement causal link disability deportation consequences war invalidity pension expert medical opinion factual clarification necessity

Cited Legislation

AI generated
art. 290 § 1 zd. 1 KPC
art. 393 § 1 KPC
ustawa z dnia 24 stycznia 1991 r. o kombatantach

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