Subject of Dispute: Recovery of Average Monetary Allowance for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court: The Supreme Court established that the previous court decision in case No. 520/3474/23 was canceled, and this has a prejudicial significance for the consideration of the current case. The court concluded that the cancellation of a decision establishing prejudice is grounds for reviewing the court decision based on newly discovered circumstances. Previously, courts erroneously believed that the circumstances referred to by the applicant did not meet the characteristics of newly discovered circumstances.
Court Decision: The Supreme Court partially satisfied the cassation appeal, canceled the previous court decisions, and referred the case for a new hearing to the court of first instance.
