Supreme Court quashes judgment for invalid procedure and wrong defendant in judge's pension case.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the lower court's judgment and remanded the case for retrial due to fundamental procedural errors. The plaintiff, a retired judge, sought pension payments from the State Treasury, but the lower courts incorrectly named the local court as the defendant and appointed an ineligible judge as the court's representative. The court ruled that the proper defendant is the court where the judge received their salary, not the State Treasury, and that the appointed representative lacked legal capacity to act. Consequently, the proceedings were declared void under civil procedure law, requiring a new trial with the correct parties and legal representation.
Regesto Legislator
Generato dall'IAArt. 180 ust. 2 Konstytucji RP; art. 379 pkt 2, 5 k.p.c.; Art. 460 § 1 k.p.c.; Art. 476 § 1 k.p.c.; Art. 393 § 11 k.p.c. The court established that a retired judge's pension claim must be directed against the court that paid their salary, not the State Treasury, and that procedural defects such as naming the wrong defendant or appointing an ineligible representative render the proceedings void.