Supreme Court quashes pension award for missing end date, remanding case to lower court.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's judgment granting a periodic disability pension to Olga L. because it failed to specify the exact end date of the entitlement period. The court found that while the medical expert suggested a two-year duration, the judgment omitted the final date, effectively converting the periodic pension into a permanent one without legal basis. Consequently, the case was remanded to the appellate court in Wrocław for a new decision that correctly defines the pension's duration.
Legislator headnote
AI generatedArt. 34 ust. 1 pkt 2; Art. 34 ust. 2; Art. 78 ust. 1, 2; Art. 78 ust. 2; Art. 233 § 1 KPC; Art. 393 § 1 KPC: A judgment granting a periodic pension must explicitly state the start and end dates; omission of the end date invalidates the periodic nature and requires remand for correction.