Legislator Case Law & Legislation
II UKN 89/97 AI generated

Supreme Court dismisses appeal because cited procedural rules were repealed before the second-instance judgment was issued.

Case Number II UKN 89/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Edward S. against a second-instance judgment regarding agricultural disability pension. The appellant argued that the appellate court failed to order specific medical examinations and appoint a neurologist, violating procedural codes. The court ruled that the specific articles cited by the appellant had been repealed by a new law effective July 1, 1996, which occurred after the contested judgment was rendered. Consequently, the appeal lacked a valid legal basis as it relied on provisions that were no longer in force at the time of the judgment.

Legislator headnote

AI generated

Art. 393 § 1 no. 2 of the Code of Civil Procedure; An appeal based on the violation of legal provisions that ceased to be in force at the time the contested judgment was issued lacks justified grounds and must be dismissed.

Keywords

AI generated
cassation appeal dismissal repealed statutory provisions temporal validity of law procedural code violation justified grounds requirement

Cited Legislation

AI generated
Art. 393 § 1 no. 2 of the Code of Civil Procedure
Art. 3 § 2 of the Code of Civil Procedure
Art. 477 § 4 no. 1 of the Code of Civil Procedure

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