Legislator Case Law & Legislation
II UK 148/08 AI generated

Social security appeal allows new evidence; court quashes lower court ruling for procedural error.

Case Number II UK 148/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision and remanded the case for a new trial. The applicant argued that the lower court incorrectly limited evidence to documents already before the administrative body. The court held that social security proceedings are appellate in nature, permitting new facts and evidence not previously considered. Consequently, the court ruled that the right to early retirement depends on the total duration of work, not just the evidence available at the time of the administrative decision.

Legislator headnote

AI generated

Art. 398 § 1 k.p.c.; Art. 316 § 1 k.p.c.: In social security disputes not dependent on incapacity, proceedings are appellate in character, allowing the introduction of new facts and evidence not previously before the administrative organ, thereby enabling the court to fully ascertain the legal basis for the award.

Keywords

AI generated
social security appeals new evidence admissibility early retirement rights appellate procedure civil procedure code administrative review work duration calculation

Cited Legislation

AI generated
Art. 398 § 1 k.p.c.
Art. 316 § 1 k.p.c.
art. 233 § 1 k.p.c
art. 224 k.p.c
art. 328 § 2 k.p.c
art. 378 § 1 k.p.c
art. 382 k.p.c
art. 386 § 6 k.p.c
art. 219 k.p.c
art. 477 § 4 k.p.c

Cited Case Law

AI generated

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