Legislator Case Law & Legislation
I UK 266/06 AI generated

Social security court dismisses appeal for citing entire law instead of specific article.

Case Number I UK 266/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the social security agency against a lower court's decision. The agency argued that the court erred by issuing a new pension decision despite a prior final judgment, claiming this violated the principle of res judicata. The court ruled that a final judgment does not preclude a new application if new circumstances arise, and the agency failed to cite a specific article of the Social Security Fund Act. Consequently, the appeal was rejected because the agency's procedural error in citing the entire statute rather than a specific provision was not a valid ground for cassation.

Legislator headnote

AI generated

Art. 398 § 1 k.p.c.; Art. 199 § 1 pkt 2 k.p.c.; The failure to cite a specific article of the Social Security Fund Act renders the legal basis invalid, and a final judgment does not bar a new application when new circumstances have occurred.

Keywords

AI generated
social security law res judicata exception cassation appeal dismissal specific article citation new circumstances rule pension entitlement administrative procedure

Cited Legislation

AI generated
Art. 398 § 1 k.p.c.
Art. 199 § 1 pkt 2 k.p.c.
Art. 114 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
art. 199 § 1 pkt 2 k.p.c
art. 39814 k.p.c

Cited Case Law

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