Invalidity of military discharge order does not justify refund of military pension paid to veteran.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by the Military Pension Office against a lower court ruling that rejected a refund claim. The appellant argued that declaring a veteran's discharge order invalid should trigger a duty to return the pension received during the subsequent service period. The court held that the invalid discharge order, despite being flawed, had created a new legal situation that resulted in the veteran acquiring the right to the pension. Consequently, the pension was not considered improperly received under the relevant statute, and the refund claim lacked legal basis.
Regeste Legislator
Généré par l'IAArt. 1, 12 of the Act on Military Service; Art. 48(1) of the Act on Social Security; The invalidation of a constitutive administrative act removing the prerequisite for a pension does not automatically oblige the recipient to return benefits already lawfully acquired under the principle of binding force.