II PK 89/06 AI generated

Supreme Court dismissed judge's appeal for military court bonus not applicable to non-existent section heads.

Case Number II PK 89/06

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2006-11-16

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a military judge against a lower court's rejection of his claim for a functional allowance. The plaintiff argued that the allowance for section heads in civilian courts should apply to him, but the court found no such positions exist in military district courts. Consequently, the court ruled that the relevant statutory provision does not serve as a basis for granting the allowance in this specific context.

Legislator headnote

AI generated

Art. 70 § 3 of the Law on the Organization of Military Courts; Art. 91 § 6 of the Law on the Organization of Common Courts; The functional allowance for section heads in district courts is not applicable to judges in military district courts as such positions do not exist within the organizational structure of military courts.

Keywords

AI generated

military court organization functional allowance section head position judicial remuneration cassation appeal dismissal organizational structure civilian vs military courts

Cited Legislation

AI generated

Art. 70 § 3 of the Law on the Organization of Military Courts

Art. 91 § 6 of the Law on the Organization of Common Courts

Art. 17 § 1 of the Law on the Organization of Military Courts

§ 5 of the Presidential Decree of 6 May 2003 on basic salary rates and functional allowances

art. 368 § 1 k.p.c

art. 3983 § 1 k.p.c

art. 39813 § 1 k.p.c

art. 38914 k.p.c

Supreme Court dismissed judge's appeal for military court bonus not applicable to non-existent section heads.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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