Legislator Case Law & Legislation
II UZ 13/97 AI generated

Supreme Court dismisses appeal filed personally by plaintiff without lawyer, citing mandatory attorney requirement under Polish Civil Procedure Code.

Case Number II UZ 13/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
mandatory attorney rule court-appointed lawyer admissibility of appeal personal filing of appeal ignorance of law social insurance dispute civil procedure code

Cited Legislation

AI generated
Art. 393 2 § 1 KPC
Art. 465 § 1 KPC
Art. 117 KC

Cited Case Law

AI generated
postanowienie SN z 17 lutego 1997 r., II CZ 1/97
postanowienie SN z dnia 8 stycznia 1997 r., I CZ 33/96
postanowienie SN z dnia 24 stycznia 1997 r., II UZ 14/96

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