II UZ 37/10 AI generated

Supreme Court allows cassation appeal for family pension right despite missing value declaration.

Case Number II UZ 37/10

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2011-01-20

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a cassation appeal filed by the Social Insurance Institution. The institution argued that the failure to declare the value of the subject matter violated procedural rules, but the court distinguished between appeals regarding the amount of a pension versus the right to receive it. Since the appeal concerned the grant of the right itself rather than the calculation of the sum, the value declaration was not a prerequisite for admissibility.

Legislator headnote

AI generated

Art. 3982 § 1 k.p.c.; Art. 3984 § 2 k.p.c.: The failure to declare the value of the subject of a cassation appeal does not lead to its rejection if the appeal concerns the right to a benefit rather than its amount.

Keywords

AI generated

cassation appeal admissibility family pension right value of subject matter procedural defect sanction social insurance law

Cited Legislation

AI generated

Art. 3982 § 1 k.p.c.

Art. 3984 § 2 k.p.c.

Art. 39816 k.p.c.

Art. 3941 § 3 k.p.c.

art. 3982 § 1 k.p.c

art. 3984 § 2 k.p.c

art. 386 § 2 k.p.c

art. 370 k.p.c

art. 373 k.p.c

art. 130 k.p.c

Cited Case Law

AI generated

Dz.U. Nr 163, poz. 1349 ze zm.

Supreme Court allows appeal dismissal for failure to specify claim value in social insurance cases.

Supreme Court dismisses appeal rejection for lack of formal defects that prevent proper appellate proceedings.

Supreme Court allows appeal in social insurance dispute where missing value claim did not block procedural progress. Appeal dismissed due to formal defects in lower court decision. Court clarifies that missing value claim does not block appeal progress. Appeal allowed because missing value claim did not block procedural progress. Court clarifies that missing value claim does not block appeal progress. Appeal allowed because missing value claim did not block procedural progress.

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