Legislator Case Law & Legislation
II UKN 61/97 AI generated

Supreme Court dismisses appeal where late appeal was self-caused and first-instance reasoning sufficed.

Case Number II UKN 61/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a second-instance decision rejecting a social insurance appeal. The appellant failed to file the appeal within the statutory 30-day limit, causing a six-month delay due to her attempt to pursue an extraordinary review instead. The court held that the delay was excessive and self-caused, and that the second-instance judgment's reference to the first-instance reasoning was legally sufficient.

Legislator headnote

AI generated

Art. 328 § 2 KPC; Art. 392 KPC; Art. 477 § 9 KPC: A second-instance court may refer to the first-instance judgment's reasoning without repeating facts; a delay in filing an appeal caused by the appellant's own choice of an alternative remedy constitutes an excessive and self-caused procedural violation.

Keywords

AI generated
procedural delay self-caused violation excessive delay second instance reasoning social insurance appeal cassation dismissal statutory time limit

Cited Legislation

AI generated
Art. 328 § 2 KPC
Art. 392 KPC
Art. 477 § 9 KPC
Art. 393 § 12 KPC

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