Social security court dismisses appeal for citing entire law instead of specific article.
Legislator summary
AI generatedThe 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 generatedArt. 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.