II PK 193/09
AI generated
Supreme Court dismisses appeal; monetary allowance for first residence requires location within 100km of duty station.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Leszek W. against the State Treasury regarding a monetary allowance for his first residence. The court held that the allowance under Article 103a of the Bureau of State Protection Act applies only if the acquired property is located in the duty station or within 100km. Although the lower court erred in reasoning, it correctly applied the law by denying the claim because the house was not in the required proximity.
Legislator headnote
AI generatedArt. 76 ust. 1 ustawy o Biurze Ochrony Rządu; Art. 103a ust. 1 ustawy o Biurze Ochrony Rządu: The monetary allowance for the first residence is due only when the acquired property is located in the duty station or within 100km thereof.
Keywords
AI generated
Bureau of State Protection Act
first residence allowance
duty station proximity
100 kilometer radius
monetary compensation
public servant housing
cassation appeal dismissal
Cited Legislation
AI generatedArt. 76 ust. 1 of the Act of 16 March 2001 on the Bureau of State Protection
Art. 103a ust. 1 of the Act of 16 March 2001 on the Bureau of State Protection
Art. 398 § 1 of the Code of Civil Procedure
art. 39814 k.p.c