Legislator Case Law & Legislation
II UKN 238/97 AI generated

Appeal misdirected to wrong court after proper notice does not justify missing statutory deadline under Polish Civil Procedure Code.

Case Number II UKN 238/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a worker against a decision denying his request to restore the appeal deadline. The lower courts found that although the applicant's mother mailed the appeal to the wrong court, the applicant had been properly informed of the correct procedure and failed to exercise due diligence. The Supreme Court held that this error constituted negligence rather than a procedural violation warranting relief, thus upholding the dismissal of the appeal.

Legislator headnote

AI generated

Art. 369 § 1 KPC; Art. 392 § 1 KPC; Art. 393 § 12 KPC: Misdirection of an appeal to the wrong court after proper notice of procedure constitutes negligence and does not justify restoration of the deadline.

Keywords

AI generated
civil procedure code appeal deadline misdirected appeal due diligence cassation appeal procedural negligence restoration of term

Cited Legislation

AI generated
Art. 369 § 1 KPC
Art. 382 KPC
Art. 168 § 1 KPC
Art. 168 § 2 KPC
Art. 468 KPC
Art. 392 § 1 KPC
Art. 393 § 12 KPC

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