Legislator Case Law & Legislation
II UKN 732/00 AI generated

Supreme Court dismissed cassation, ruling second instance court not obligated to investigate insurance periods not in administrative decisions.

Case Number II UKN 732/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Michał P. against a second-instance court decision denying disability pension. The applicant argued that the court failed to investigate a new insurance period from 1992-1994, which was raised for the first time during the cassation proceedings. The court ruled that the second-instance court correctly proceeded within its legal boundaries and was not obligated to examine facts or evidence not included in the original administrative decision or the administrative appeal.

Legislator headnote

AI generated

Art. 227, 232, 473 KPC; Art. 386 § 6 KPC; Art. 39319 KPC; The second instance court is not obliged to conduct evidence regarding insurance periods not subject to the administrative authority's decision or the insured's appeal.

Keywords

AI generated
cassation appeal dismissal social insurance law disability pension eligibility evidence investigation obligation administrative decision scope procedural timeline legal representation costs

Cited Legislation

AI generated
Art. 227 KPC
Art. 232 KPC
Art. 473 KPC
Art. 386 § 6 KPC
Art. 39319 KPC
Art. 32 pkt 3 ustawy o z.e.p.
§ 22 rozporządzenia Ministra Sprawiedliwości z dnia 12 grudnia 1997 r.

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text