Legislator Case Law & Legislation
II URN 51/94 AI generated

Supreme Court quashes pension court rulings for failing to verify withdrawal of appeal, violating procedural trust principles.

Case Number II URN 51/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court granted extraordinary revision to overturn lower court judgments that dismissed a pensioner's appeal without verifying if he withdrew it. The applicant argued that the courts ignored his explicit statement regarding the withdrawal, which legally alters the case's outcome. The court ruled this omission constituted a grave procedural violation undermining public trust, mandating a retrial to clarify the applicant's intent.

Legislator headnote

AI generated

Art. 469 k.p.c.; Art. 203 k.p.c.: Failure by courts to ascertain whether a party withdrew an appeal or claim constitutes a grave procedural violation justifying extraordinary revision and requiring a new trial to determine the actual legal consequences of such withdrawal.

Keywords

AI generated
extraordinary revision grave procedural violation withdrawal of appeal public trust principle pension benefit calculation court of appeal retrial mandate

Cited Legislation

AI generated
Art. 469 k.p.c.
Art. 203 k.p.c.
Art. 421 § 2 k.p.c.
Art. 422 § 2 k.p.c.
Art. 33 ust. 2 Konstytucji RP
art. 203 k.p
art. 203 k.p.c
art. 421 § 2 k.p.c

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