Supreme Court quashes social security decision due to procedural error in cassation review regarding administrative retrial grounds.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court quashed the appellate court's decision and remanded the case for a new ruling on costs. The applicant argued that the lower court failed to properly evaluate whether specific grounds for administrative retrial existed under the law applicable at the time. The court held that the appellate court's summary finding was insufficient to determine if the decision was annulled due to false evidence or other statutory grounds, which are required to assess the statute of limitations.
Regeste Legislator
Généré par l'IAArt. 123 ust. 2 ustawy o systemie ubezpieczeń społecznych; Art. 145 § 1 k.p.a.: Before the new social security law, a final decision could be annulled via retrial if specific grounds existed, such as false evidence, and the court must verify these facts to apply the correct limitation period.