Legislator Case Law & Legislation
II UZ 110/97 AI generated

Failure to specify the value of the subject matter of appeal in a social security increase case leads to dismissal of the cassation appeal.

Case Number II UZ 110/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Marian W. against a decision regarding the recalculation of his disability pension. The appellant argued that the lower court incorrectly assumed he was properly summoned to complete the appeal, claiming the summons lacked identifying details. The court ruled that because the dispute concerned an increase in social security benefits, the appellant was legally obligated to specify the value of the subject matter of the appeal, a requirement independent of its relevance to admissibility.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 393 § 5 KPC: In proceedings concerning an increase in social security benefits, the failure to specify the value of the subject matter of the appeal results in the dismissal of the cassation appeal without further examination of whether that value would have been relevant to the admissibility assessment.

Keywords

AI generated
social security benefits increase in pension cassation appeal value of subject matter procedural defect dismissal of appeal admissibility requirements

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 393 § 5 KPC
Art. 391 KPC
Art. 130 § 1 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 393 § 19 KPC

Cited Case Law

AI generated
I CKN 57/97

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