Legislator Case Law & Legislation
III ZP 9/00 AI generated

Supreme Court rules coal allowance for railway retirees must be paid at retail walnut coal price.

Case Number III ZP 9/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the monetary equivalent of a coal allowance for railway retirees. The Minister of Transport argued that the allowance should be calculated based on wholesale mining prices adjusted for inflation, while the Court emphasized the allowance's status as a benefit from a state-owned enterprise. The Court decided that to fully realize statutory rights and compensate for the loss of a physical good, the equivalent must be calculated using the retail price of 'walnut' coal at the time of payment.

Legislator headnote

AI generated

Art. 18 of the Act on Pension Provision for Railway Employees and Their Families; The monetary equivalent of a coal allowance for railway retirees must be calculated based on the retail price of 'walnut' coal at the date of payment to ensure full realization of statutory rights.

Keywords

AI generated
railway retirees coal allowance monetary equivalent retail price state-owned enterprise statutory rights inflation adjustment

Cited Legislation

AI generated
Art. 18 of the Act on Pension Provision for Railway Employees and Their Families
Art. 16 para. 2 in conjunction with Art. 13 para. 3 of the Act on the Supreme Court
Regulation of the Minister of Transport and Maritime Economy of 18 August 1997 on the payment of a monetary equivalent for a coal allowance

Cited Case Law

AI generated
Constitutional Tribunal Ruling U 5/96 of 17 June 1997
Supreme Court Ruling I PRN 96/95 of 1996
Supreme Court Ruling I PRN 41/96 of 1996
Supreme Court Ruling I PRN 96/96 of 1996
Supreme Court Ruling I PKN 8/96 of 1996

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