Legislator Case Law & Legislation
III UK 151/04 AI generated

Supreme Court dismisses appeal; prior final ruling on pension bars new evidence in compensation case.

Case Number III UK 151/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision denying a one-time monetary compensation to the parents of a deceased soldier. The applicants argued that the soldier contributed to their support before death, a fact contested by the military authority. The court ruled that because a final judgment had already denied the parents a family pension based on the same contribution requirement, the issue was prejudicial and could not be re-examined in the compensation proceedings.

Legislator headnote

AI generated

Art. 1, Art. 6 ust. 1 pkt 2 ustawy o świadczeniach przysługujących w razie wypadków i chorób pozostających w związku ze służbą wojskową; Art. 365 § 1 k.p.c.: A court hearing a claim for one-time monetary compensation cannot establish facts regarding a soldier's contribution to parents' support if a final judgment denying a family pension on that basis has already been rendered.

Keywords

AI generated
prejudicial issue res judicata military compensation family pension binding effect evidence exclusion final judgment

Cited Legislation

AI generated
Art. 1 of the Act of 16 December 1972 on benefits due in the event of accidents and diseases connected with military service
Art. 6 ust. 1 pkt 2 of the Act of 16 December 1972 on benefits due in the event of accidents and diseases connected with military service
§ 15 of the Minister of National Defence Regulation of 25 October 1976 on the procedure for compensation in the event of an accident or disease connected with military service
Art. 365 § 1 of the Code of Civil Procedure
art. 366 k.p.c
art. 365 § 1 k.p.c

Cited Case Law

AI generated
District Court of Tarnobrzeg, Social Security and Labor Court, Judgment of 29 December 1999
Regional Court in Rzeszow, Judgment of 7 April 2000
Regional Court in Rzeszow, Judgment of 25 August 2003

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