Legislator Case Law & Legislation
I UK 171/04 AI generated

Supreme Court allows pension claim renewal via implied request after favorable legal change.

Case Number I UK 171/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's dismissal of Artur F.'s pension appeal and remanded the case for retrial. The applicant argued that a change in social insurance law entitled him to a new pension claim, while the Social Insurance Institution denied benefits based on outdated criteria. The court ruled that a new claim can be filed by implication when the legal framework improves, preventing the denial of rights due to procedural delays.

Legislator headnote

AI generated

Art. 393 § 1 k.p.c.; A new request for a pension benefit may be filed by implication if the legal status changes in a more favorable way for the claimant, thereby preventing the restriction of formal rights.

Keywords

AI generated
implied request pension claim legal change social insurance procedural renewal benefit entitlement remand for retrial

Cited Legislation

AI generated
Art. 393 § 1 k.p.c.
art. 39313 § 1 k.p.c

Cited Case Law

AI generated

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