Supreme Court dismisses cassation; omitting evidence request does not invalidate proceedings or deny defense rights under Polish Civil Procedure Code.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by a veteran seeking a disability pension for political imprisonment. The appellant argued that the appellate court erred by ignoring a private medical opinion without examining the author, violating procedural rights. The court held that omitting an evidence request does not constitute a procedural defect warranting invalidation or denial of defense rights. Consequently, the court ruled that the appellant could only challenge factual findings, not the validity of the proceedings themselves.
Legislator-Regeste
KI-generiertart. 379 pkt 5 KPC; art. 382 KPC; art. 393 KPC: Omitting a party's evidence request does not deprive them of defense rights or justify a claim of procedural invalidity; such omissions only allow challenging factual findings, not the proceedings' validity.