Legislator Case Law & Legislation
II UZ 13/04 AI generated

Social security appeal allowed; right to different pension type overrides value threshold for cassation.

Case Number II UZ 13/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court allowed the appellant's cassation appeal against a lower court decision denying a specific pension type. The appellant argued that the appeal concerned the right to a different pension under Article 27, not merely the amount of the pension granted under Article 28. The court ruled that because the dispute involved establishing a distinct legal right to a different benefit, the standard monetary value threshold for cassation did not apply. Consequently, the appeal was deemed admissible and the lower court's decision was set aside.

Legislator headnote

AI generated

Art. 3921 § 1 k.p.c.; Art. 3921 § 2 k.p.c.: In social security matters concerning the granting of pensions, cassation is admissible regardless of the subject matter's value when the dispute concerns the establishment of a right to a specific type of pension distinct from the one already granted.

Keywords

AI generated
social security law pension rights cassation admissibility value threshold exception Fundusz Ubezpieczeń Społecznych

Cited Legislation

AI generated
Art. 3921 § 1 k.p.c.
Art. 3921 § 2 k.p.c.
Art. 386 § 1 k.p.c.
Art. 397 § 2 k.p.c.
Art. 39318 k.p.c.
Art. 39319 k.p.c.
Art. 27 of the Social Insurance Act
Art. 28 of the Social Insurance Act
Art. 54 of the Social Insurance Act
art. 3921 § 1 k.p.c

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