Legislator Case Law & Legislation
II UKN 55/98 AI generated

Supreme Court dismisses cassation for insufficient expert opinion justification under Polish Civil Procedure Code Article 285.1.

Case Number II UKN 55/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a disability pension applicant against a social insurance office decision. The applicant argued that the expert medical opinion lacked sufficient justification under Article 285 § 1 of the Civil Procedure Code, yet the court found the expert's reasoning based on audiometric tests and medical documentation was logical and verifiable. The court ruled that the opinion met statutory requirements because it allowed judicial control over the expert's specialized reasoning without needing layman-friendly explanations.

Legislator headnote

AI generated

Art. 285 § 1 KPC; Art. 278 § 1 KPC: An expert opinion is valid if it contains reasoned arguments allowing judicial verification of the expert's specialized conclusions, rather than requiring explanations accessible to non-experts.

Keywords

AI generated
expert opinion justification disability pension assessment audiometric hearing loss judicial control of experts civil procedure code specialized medical knowledge cassation appeal dismissal

Cited Legislation

AI generated
Art. 285 § 1 KPC
Art. 278 § 1 KPC
Art. 286 KPC
Art. 299 KPC
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 393 § 12 KPC

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