Supreme Court allows retrial when new evidence was available but not used due to opposing court's contradictory assessment.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court granted a retrial order against the Social Insurance Institution regarding the applicant's teacher pension eligibility. The applicant failed to present new evidence during the final appeal because the lower court had already established the relevant employment facts based on her testimony. The court ruled that the inability to introduce evidence stems from the opposing court's contradictory evaluation of existing proof, not from the applicant's negligence or lack of diligence.
Regesto Legislator
Generato dall'IAArt. 403 § 2 k.p.c.; Art. 398 § 1 k.p.c.; A retrial is admissible for new evidence only if the party objectively had the ability to present it in the final proceedings, and the failure to do so was not due to negligence, forgetfulness, or a mistaken assessment of necessity, but rather because the opposing court's decision contradicted the established facts.