I UK 195/09
Generato dall'IA
Social security court must consider evidence gathered by rent authority and cannot ignore it in proceedings.
Sintesi Legislator
Generato dall'IAThe Supreme Court partially overturned the appellate court's decision regarding the insured's right to family pension. The insured argued that evidence collected by the social security authority during the initial administrative process should have been fully evaluated by the court. The court ruled that evidence gathered by the rent authority must be considered in judicial proceedings and cannot be ignored. Consequently, the case was remanded for a new assessment of the family pension claim based on the complete evidentiary record.
Regesto Legislator
Generato dall'IAArt. 232 ust. 2 k.p.c.; Art. 398 § 2 k.p.c.; Art. 108 § 2 k.p.c.: Evidence collected by the rent authority in social security proceedings must be evaluated by the social security court and cannot be disregarded.
Parole chiave
Generato dall'IA
social security proceedings
evidence evaluation
rent authority
judicial review
remand for retrial
family pension
administrative evidence
Disposizioni normative citate
Generato dall'IAArt. 232 ust. 2 k.p.c.
Art. 398 § 2 k.p.c.
Art. 108 § 2 k.p.c.
art. 391 § 1 k.p.c
art. 214 § 1 k.p.c
art. 117 § 4 k.p.c
art. 39814 k.p.c
art. 39813 § 2 k.p.c
art. 108 § 2 k.p.c
Giurisprudenza citata
Generato dall'IAII UZP 10/06
Child disability after age 16 does not automatically grant family pension rights under Polish Social Security Act.
II CSK 51/06
Supreme Court allows cassation appeal regarding denial of free legal aid causing inability to defend rights.
III CK 533/04
Supreme Court dismisses appeal claiming denial of court-appointed lawyer violated right to defense in personal injury case.
I CK 773/04
Supreme Court dismisses appeal when failure to appoint counsel denies party's right to defense.
I CSK 199/07
Cassation court dismisses appeal claiming denial of official counsel deprived plaintiff of defense rights.
V CSK 564/07
Supreme Court quashes appeal for failure to verify defense rights and improperly ignoring witness testimony under Civil Procedure Code.
V CSK 50/08
Supreme Court dismisses cassation appeal regarding refusal of court-appointed lawyer and procedural invalidity.