Legislator Case Law & Legislation
II UR 5/96 AI generated

Supreme Court dismisses legal review request as the issue lies outside the factual scope of the case.

Case Number II UR 5/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the legal review request because the contested legal issue did not fall within the factual scope of the case. The applicant sought revaluation of her pension based on a constitutional ruling, while the Social Insurance Institution argued the relevant law had already lost effect. The Court held that since the lower court only granted the right to revaluation without calculating the amount or interest, the matter required factual reconsideration rather than legal review.

Legislator headnote

AI generated

Art. 391 KPC; Art. 388 KPC; Art. 477 § 1 KPC: The Supreme Court cannot substantively review legal issues that do not fit within the factual scope of the case.

Keywords

AI generated
legal review request factual scope limitation pension revaluation Supreme Court jurisdiction procedural dismissal

Cited Legislation

AI generated
Art. 391 KPC
Art. 388 KPC
Art. 477 § 1 KPC
Art. 477 § 2 KPC
Art. 38 ust. 2 ustawy o organizacji i finansowaniu ubezpieczeń społecznych

Cited Case Law

AI generated
I PZP 120/94

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