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I UZ 36/08 AI generated

Supreme Court dismissed cassation on pension amount dispute, ruling it is a property right case subject to the 10,000 PLN threshold.

Case Number I UZ 36/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a pensioner against a lower court's decision regarding the calculation of her pension. The pensioner argued that the appellate court incorrectly omitted the second sentence of Article 3982 § 1 of the Civil Procedure Code, which grants unconditional cassation rights for pension cases. The court held that since the dispute concerned only the amount of the pension rather than the right to receive it, the 10,000 PLN monetary threshold applies. Consequently, the appeal was rejected because the calculated value of the dispute fell below this limit.

Legislator headnote

AI generated

Art. 3982 § 1 k.p.c.; Art. 22 k.p.c. - If the subject matter of the court dispute concerns only the amount of a pension or allowance rather than the right to it, the admissibility of a cassation appeal is determined by the monetary value of the dispute calculated under Art. 22 k.p.c.

Keywords

AI generated
pension amount dispute cassation appeal threshold property right case monetary value limit civil procedure code pension calculation appellate review scope

Cited Legislation

AI generated
Art. 3982 § 1 k.p.c.
Art. 22 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 328 § 2 k.p.c.
Art. 391 § 1 k.p.c.
Art. 3981 § 4 k.p.c.
Art. 3941 § 3 k.p.c.
Art. 53 of the Act on pensions and allowances from FUS
art. 22 k.p.c
art. 3982 § 1 k.p.c

Cited Case Law

AI generated
II UZ 48/06
II UZ 1/06
Supreme Court dismisses appeal when pension case involves only amount adjustment, not initial grant, under Polish Civil Procedure Code.
I UZ 47/05
Cassation appeal dismissed; determining pension amount for pre-retirement benefit is not a pension grant case exempt from value limits.
II UZ 31/02
II UZ 80/01
Social security appeal dismissed as property rights case where backpay value was under ten thousand zlotys.
II UZ 15/01
Social security rent recalculation case dismissed for inadmissibility due to value threshold exception.
II UZ 13/01
Cassation dismissed as property rights case under 10,000 zloty threshold despite procedural error claim.

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