Social security appeal allowed; right to different pension type overrides value threshold for cassation.
Legislator summary
AI generatedThe 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 generatedArt. 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.