Supreme Court dismissed cassation, ruling courts cannot apply unconstitutional laws retroactively to pending cases.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's decision to award a suspended military pension. The appellant argued that a constitutional court ruling invalidating a specific pension suspension clause should not apply retroactively to facts occurring before the ruling's publication. The court rejected this, citing established precedent that courts must not apply unconstitutional laws to pending cases, even if the law was technically valid at the time of the facts.
Legislator headnote
AI generatedArt. 190 ust. 3 Konstytucji RP; Art. 393 § 1 KPC: Courts must not apply a statutory provision recognized by the Constitutional Tribunal as unconstitutional to cases pending at the time of the recognition, regardless of when the factual circumstances occurred.