Legislator Case Law & Legislation
II UKN 102/97 AI generated

Supreme Court voids civil judgment due to failure to notify defendant at designated address, depriving defense rights.

Case Number II UKN 102/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland voided a lower court's judgment regarding disability pension benefits because the court failed to notify the applicant at his designated address. The applicant had explicitly provided an address for service, yet the court sent documents to his permanent residence instead, resulting in his absence from the hearing. Consequently, the court ruled that the procedural defect deprived the applicant of his right to defense, necessitating a remand for a new trial.

Legislator headnote

AI generated

Art. 379 pkt 5 KPC; Art. 381 § 1 KPC; Art. 393 § 1 KPC; Art. 12 ust. 1 ustawy o zmianie KPC: Failure to notify a party at their designated address for service deprives them of the right to defense, rendering the proceedings void and violating the state's interest in the rule of law.

Keywords

AI generated
civil procedure service of process right to defense void proceedings designated address remand for retrial interest of the state

Cited Legislation

AI generated
art. 379 pkt 5 KPC
art. 369 pkt 5 KPC
art. 133 § 1 KPC
art. 381 § 1 KPC
art. 393 § 1 KPC
art. 12 ust. 1 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego

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