Supreme Court dismisses appeal where late appeal was self-caused and first-instance reasoning sufficed.
Legislator summary
AI generatedThe 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 generatedArt. 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.