Legislator Case Law & Legislation
III UK 172/05 AI generated

Supreme Court dismisses appeal on finality grounds, remanding case to lower court for proper fact-finding.

Case Number III UK 172/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and remanded the case to the Regional Court in Rzeszow for a new trial. The applicant argued that a final judgment excluding him from farmers' social insurance was invalid because he met statutory conditions at the time. The Court ruled that determining eligibility within the period covered by a final judgment violating the principle of res judicata is inadmissible. Consequently, the appeal was rejected, and the matter was sent back for reconsideration.

Legislator headnote

AI generated

Art. 366 k.p.c.; Art. 398 § 1 k.p.c.: It is inadmissible to determine eligibility for social insurance within a period covered by a final judgment excluding the person from such insurance, as this violates the principle of res judicata.

Keywords

AI generated
res judicata social insurance farmers' insurance final judgment cassation appeal remand inadmissible

Cited Legislation

AI generated
Art. 366 k.p.c.
Art. 398 § 1 k.p.c.
art. 366 k.p.c
art. 316 § 1 k.p.c
art. 39815 § 1 k.p.c

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