Legislator Case Law & Legislation
II UKN 100/97 AI generated

Supreme Court dismissed cassation for lack of procedural necessity regarding lawyer guidance under Civil Procedure Code Art. 5.

Case Number II UKN 100/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Irena H. against a Social Insurance Office decision denying her disability pension. The applicant argued that the lower court failed to provide necessary procedural guidance under Article 5 of the Civil Procedure Code and did not order expert opinions, which allegedly affected the determination of the disability onset date. The court ruled that the obligation to provide guidance is limited by 'procedural necessity' and that the lower court's findings on the disability date were based on a comprehensive evaluation of evidence, rendering the alleged procedural errors irrelevant to the final outcome.

Legislator headnote

AI generated

Art. 5 KPC; Art. 393 § 1 pkt 2 KPC: The duty of the court to provide guidance to a party without a lawyer is limited by procedural necessity and does not require the court to substitute for the party's role or replace their right to present evidence.

Keywords

AI generated
procedural necessity Civil Procedure Code disability pension cassation appeal expert opinion procedural guidance evidence evaluation

Cited Legislation

AI generated
Art. 5 KPC
Art. 3 § 2 KPC
Art. 393 § 1 pkt 2 KPC
Art. 393 § 2 KPC
Art. 232 KPC
Art. 286 KPC
Art. 32 pkt 2 ustawy o z.e.p.
Art. 32 pkt 3 ustawy o z.e.p.

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