II UK 87/03
AI generated
Supreme Court quashes appeal court ruling on early pension due to insufficient fact-finding on special work conditions.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appeal court's decision denying an early pension to a driver who also performed nursing duties. The lower court failed to verify the extent of the applicant's additional work as a nurse and carrier, relying solely on his primary role as a driver. Consequently, the Supreme Court found a procedural violation for not examining all relevant evidence regarding the duration and nature of the special conditions work.
Legislator headnote
AI generatedArt. 224, 233 § 1 k.p.c.; Art. 328 § 2 k.p.c.; Art. 393 § 1 k.p.c.; Art. 108 § 2 k.p.c.: When an appellate court fails to ascertain the full scope of work performed under special conditions, it violates procedural rules, necessitating the case's remittal for a complete factual review.
Keywords
AI generated
early pension entitlement
special working conditions
procedural violation
insufficient fact-finding
remittal to lower court
nursing duties
driver employment
Cited Legislation
AI generatedArt. 224 k.p.c.
Art. 233 § 1 k.p.c.
Art. 328 § 2 k.p.c.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 212 k.p.c
art. 233 § 1 k.p.c
art. 328 § 2 k.p.c
art. 3931 pkt 2 k.p.c
art. 39313 § 1 k.p.c