Social pension appeal dismissed; new procedural rule inapplicable to pre-2005 decisions; appellate court granted retroactive pension.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a second-instance judgment granting a social pension retroactively. The appellant argued that a new procedural rule prohibiting such rulings should apply, but the court held it was inapplicable to decisions made before its effective date. The court reasoned that the medical condition causing total disability was a natural progression of a pre-existing impairment, not a new circumstance warranting the new procedural restriction.
Regesto Legislator
Generato dall'IAArt. 47714 § 4 k.p.c.; Art. 3981 § 1 k.p.c.: The new procedural rule prohibiting appellate courts from granting pensions based on new circumstances does not apply to cases where the administrative decision was rendered before the rule's entry into force, as the rule targets the first instance and the principle of non-retroactivity applies.