Supreme Court dismisses appeal filed personally by plaintiff without lawyer, citing mandatory attorney requirement under Polish Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's appeal against a social insurance decision regarding pension calculation. The plaintiff personally filed the appeal, arguing for a court-appointed lawyer due to financial hardship, while the opposing party contended that the mandatory attorney rule for appeals was strictly enforced. The court ruled that even if a request for a lawyer is included in the appeal, it does not satisfy the statutory requirement for a qualified legal representative, and ignorance of this rule does not justify the dismissal.
Legislator headnote
AI generatedArt. 393 2 § 1 KPC; Art. 465 § 1 KPC: An appeal filed personally by a party without a qualified attorney or legal representative does not meet the admissibility requirements, and a request for a court-appointed lawyer included in such an appeal does not cure the defect.