Legislator Case Law & Legislation
II UZ 16/97 AI generated

Supreme Court allows cassation appeal by applying civil procedure rules to determine the value of the disputed subject matter.

Case Number II UZ 16/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a cassation appeal regarding social insurance benefits. The lower court had rejected the appeal as inadmissible due to the absence of a specified value for the disputed subject matter in the appeal document. The Supreme Court ruled that formal requirements for determining the value of the dispute apply to cassation appeals, allowing the court to verify the value based on the administrative body's response rather than declaring the appeal inadmissible.

Legislator headnote

AI generated

Art. 130 § 1 KPC; Art. 393 § 3 KPC: The rules governing the designation of the value of the subject matter of the dispute apply to cassation appeals; a missing value designation constitutes a formal defect preventing proper procedure rather than a ground for inadmissibility.

Keywords

AI generated
cassation appeal admissibility value of disputed subject matter formal defect in appeal social insurance benefits civil procedure code application

Cited Legislation

AI generated
Art. 130 § 1 KPC
Art. 393 § 3 KPC
Art. 393 § 5 KPC
Art. 25 § 2 KPC
Art. 393 § 18 KPC
Art. 397 § 1 KPC
Art. 397 § 2 KPC
Art. 388 § 4 KPC

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