Legislator Case Law & Legislation
II UZP 5/11 AI generated

Social security court must rule on pension fund liability for missing facts under Art. 118 ust. 1a. The court ruled that the pension fund is liable for not establishing a crucial fact. The Supreme Court held that the court must rule on the pension fund's liability for not establishing the last necessary circumstance for issuing the decision. The court ruled that the pension fund is liable for not establishing a crucial fact. The Supreme Court held that the court must rule on the pension fund's liability for not establishing the last necessary circumstance for issuing the decision. The court ruled that the pension fund is liable for not establishing a crucial fact. The Supreme Court held that the court must rule on the pension fund's liability for not establishing the last necessary circumstance for issuing the decision.

Case Number II UZP 5/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a court must rule on the pension fund's liability for failing to establish a crucial fact. The lower court had granted social security benefits and held the pension fund liable for this omission, despite the appeal not explicitly challenging this specific point. The Supreme Court determined that Article 118, Section 1a of the Social Security Pensions Act mandates the court to address such liability even if it was not the subject of the appeal.

Legislator headnote

AI generated

Art. 118 ust. 1a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 321 § 1 k.p.c.; The court must rule on the pension fund's liability for failing to establish a crucial fact for issuing a decision, as this provision is a special procedural rule requiring the judgment to cover matters beyond the appeal's scope.

Keywords

AI generated
social security pension pension fund liability missing factual circumstances procedural obligation appeal scope two-instance procedure Supreme Court resolution

Cited Legislation

AI generated
Art. 118 ust. 1a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 321 § 1 k.p.c.
Art. 382 k.p.c.
Art. 386 § 4 k.p.c.
Art. 176 ust. 1 Konstytucji RP
art. 390 § 1 k.p.c
art. 390 k.p.c
art. 417 § 1 k.c
art. 481 § 1 k.c
art. 321 § 1 k.p.c

Cited Case Law

AI generated

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