The following is a detailed analysis of the court decision, prepared in accordance with your requirements:
1. The subject of the dispute is the lawfulness of the accrual and payment of the average monetary support to a serviceman for the period of delay in the final settlement upon discharge from service.
2. The Court, citing the position of the Grand Chamber of the Supreme Court dated 08.10.2025 in case No. 489/6074/23, departed from previous conclusions regarding the impossibility of applying the principle of proportionality to periods after July 19, 2022. The Court emphasized that even after the introduction of the legislative limitation of average earnings payment to six months, this figure remains only a maximum limit of liability, rather than an automatic amount for recovery. When determining the amount of compensation, courts are obliged to apply the criteria of reasonableness, fairness, and proportionality, taking into account the ratio between the amount of debt and the amount of average earnings. The Court stressed that the employer’s liability must be proportional to the amount of unpaid funds; therefore, courts must calculate the portion of average earnings that corresponds to the portion of untimely paid funds. Since the courts of lower instances did not apply this calculation algorithm and did not establish the necessary proportional indicators for it, their decisions were deemed premature. The Supreme Court indicated that during the new proceedings, it is necessary to clearly establish the amount of average earnings, the total amount of payments due, and the portion of the debt to determine a fair amount of compensation.
3. The Supreme Court set aside the appellate court’s resolution and remanded the case for a new hearing to the court of appellate instance.
