II UKN 471/97
AI generated
Supreme Court allows lawsuit to correct accident protocol under Civil Procedure Code Art. 189.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed lower court decisions dismissing a plaintiff's request to correct an accident protocol. The Ombudsman argued that allowing such a suit violated procedural rules regarding the withdrawal of claims and the finality of judgments. The Court ruled that establishing whether an event constitutes a work accident is a distinct legal interest necessary for potential future claims, making the suit admissible under Article 189 of the Civil Procedure Code.
Legislator headnote
AI generatedArt. 189 KPC; A party may request a court to determine the existence or non-existence of a legal relationship or right whenever they have a legal interest in doing so, even if a claim for performance has not yet been filed.
Keywords
AI generated
civil procedure code
accident protocol
work accident
legal interest
procedural admissibility
supreme court cassation
social insurance claims
Cited Legislation
AI generatedart. 189 KPC
art. 5 KPC
art. 203 § 4 KPC
art. 467 § 1 and 2 KPC
art. 469 KPC
art. 393 § 13 in fine KPC
art. 12 ust. 3 of the Act of 1 March 1996 on amending the Civil Procedure Code
Cited Case Law
AI generatedIII PZP 9/87, OSNCP 1988 z. 7 poz. 94