Social security appeal dismissed by Supreme Court for failure to specify subject matter value as required by law.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the Social Security Institution's appeal against a lower court ruling that increased a pensioner's benefit. The institution argued that the appeal was inadmissible because the lower court judgment did not specify the exact monetary value of the disputed subject matter. The court held that the obligation to specify the value arises from the Civil Procedure Code and that the institution, represented by a professional lawyer, cannot evade this duty by claiming the value is unclear or requires complex calculations.
Regesto Legislator
Generato dall'IAArt. 368 § 2 k.p.c.; Art. 370 k.p.c.: An appeal filed by a social security institution represented by a professional lawyer is inadmissible and must be rejected if the institution fails to specify the value of the subject matter of the appeal upon the court's summons.