Supreme Court dismisses appeal because a non-lawyer personally filed the cassation without required signature by authorized representative.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against a social insurance decision regarding disability benefits. The appellant argued that the court failed to instruct them on how to file a cassation, leading the lawyer to file it personally while requesting court-appointed counsel. The court rejected this, ruling that the Civil Procedure Code strictly requires a cassation to be signed by an authorized representative, and a personal filing by an unqualified party renders the appeal inadmissible regardless of the lawyer's request for assistance.
Legislator headnote
AI generatedArt. 393 ust. 2 § 1 k.p.c.; Art. 393 ust. 8 k.p.c.: A cassation must be signed by an authorized representative; a personal filing by an unqualified party is inadmissible and does not cure procedural defects or extend filing deadlines.