Legislator Case Law & Legislation
II UK 65/06 AI generated

Supreme Court dismissed pension appeal; omitting proven contribution periods from verdict sentence does not violate procedural law.

Case Number II UK 65/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the pension authority's cassation appeal against a court ruling granting the applicant an old-age pension. The authority argued that the lower court violated procedural rules by failing to explicitly list the proven contribution and non-contribution periods in the verdict's operative part. The court held that such omission does not constitute a legal violation because the facts were established in the reasoning, and the authority is bound by the verdict to grant the pension while retaining the flexibility to adjust the calculation later.

Legislator headnote

AI generated

Art. 325 k.p.c.; Art. 328 § 2 k.p.c.; Art. 384 k.p.c.; Art. 386 § 1, 4 k.p.c.; Art. 398 § 14 k.p.c.: Omitting the specific duration of proven contribution and non-contribution periods from the operative part of a verdict granting a pension right does not violate Art. 325 k.p.c., as the facts are established in the reasoning and the authority remains bound by the verdict to grant the benefit.

Keywords

AI generated
pension entitlement contribution periods non-contribution periods procedural law violation cassation appeal dismissal verdict operative part social security law

Cited Legislation

AI generated
Art. 325 k.p.c.
Art. 328 § 2 k.p.c.
Art. 384 k.p.c.
Art. 386 § 1 k.p.c.
Art. 386 § 4 k.p.c.
Art. 398 § 14 k.p.c.
art. 29 and 46 of the Act on pensions and allowances from the Social Insurance Fund
art. 6 pkt 2 lit b. of the Act on social insurance of farmers
art. 325 k.p.c
art. 328 § 2 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text