Supreme Court quashes pension decision for failing to recognize late appeal as formal objection.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed lower court rulings and remanded the case for a new trial regarding a pension recalculation dispute. The applicant argued that a document submitted within the appeal deadline constituted a formal objection, yet the pension authority treated it as a new request. The Court held that the authority failed to verify the document's intent and violated the principle of choosing the more favorable outcome for the insured.
Regesto Legislator
Generato dall'IAArt. 4779 § 1 k.p.c.; Art. 21 ust. 1 pkt 2 ustawy o emeryturach i rentach; A document submitted within the appeal deadline must be qualified as an appeal if it expresses disagreement with the decision, and the pension authority is obligated to inform the insured of calculation options and choose the more favorable outcome.