Legislator Case Law & Legislation
II UKN 42/01 AI generated

Supreme Court dismissed cassation allowing social security court to find lack of entitlement prerequisites not contested by rent authority.

Case Number II UKN 42/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Maria K. against the Social Security Court's refusal of her rural pension. The court held that the second-instance court was correct to determine the applicant lacked the statutory prerequisites for the benefit, even though the rent authority had not initially contested this specific ground. The decision emphasized that the second-instance court's ex officio verification of legal prerequisites does not constitute a procedural violation under the Code of Civil Procedure.

Legislator headnote

AI generated

Art. 382 KPC; Art. 468 § 1 KPC; Art. 392 KPC; Art. 393 § 12 KPC: The second-instance court may verify legal prerequisites for social security benefits ex officio, and finding their absence without prior contestation by the rent authority does not violate procedural rules.

Keywords

AI generated
social security law rural pension second instance court ex officio proceedings code of civil procedure prerequisites of entitlement cassation appeal

Cited Legislation

AI generated
Art. 382 KPC
Art. 468 § 1 KPC
Art. 392 KPC
Art. 393 § 12 KPC

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