Legislator Case Law & Legislation
I UZ 47/04 AI generated

Supreme Court allows appeal in social security arrears case, rejecting lower court's value calculation error.

Case Number I UZ 47/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of the cassation appeal regarding social security arrears. The lower court incorrectly calculated the dispute value by applying rules for recurring benefits, reducing the amount below the ten-thousand-zloty threshold required for appeal. The Supreme Court ruled that since the rights were already established, the dispute concerned only the arrears themselves, which exceeded the monetary limit and fell outside the specific categories exempt from value-based appeal restrictions.

Legislator headnote

AI generated

Art. 392 § 1 k.p.c.; Art. 22 k.p.c.: In cases concerning arrears of established social security benefits, the value of the dispute consists of the total outstanding amounts, and the appeal is admissible regardless of this value; the rule for recurring benefits does not apply to the calculation of the dispute value.

Keywords

AI generated
social security arrears cassation appeal threshold value of dispute recurring benefits rule Supreme Court review

Cited Legislation

AI generated
Art. 392 § 1 k.p.c.
Art. 22 k.p.c.
Art. 19 § 1 k.p.c.
Art. 393 § 3 k.p.c.
Art. 386 § 4 k.p.c.
art. 19 § 1 k.p.c
art. 392 k.p.c
art. 22 k.p.c
art. 3921 k.p.c
art. 39318 § 3 k.p.c

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