Subject of Dispute: A female servicemember challenges the incorrect calculation of monetary allowance indexation for the period from March 2018 to August 2021.
Main Arguments of the Court:
1. The court established that previous court decisions incorrectly assessed the mechanism of calculating the “indexation difference” according to paragraphs 3-6 of item 5 of Procedure No. 1078.
2. To correctly calculate the indexation, it is necessary to establish: the amount of income increase in March 2018, the amount of possible indexation, and whether the income increase exceeds the indexation amount.
3. Previous courts approached the case formally and did not investigate all necessary circumstances for correct indexation calculation.
Court Decision: Annul previous court decisions and refer the case for a new review to the court of first instance for a detailed examination of the case circumstances.
