Legislator Case Law & Legislation
II UKN 102/98 AI generated

Supreme Court dismisses appeal claiming lack of court-appointed lawyer was invalid due to simple medical disability case.

Case Number II UKN 102/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a claimant against a social insurance office regarding disability pension eligibility. The claimant argued that the appellate court violated procedural law by failing to appoint a lawyer ex officio, claiming this deprived her of defense rights. The court rejected this, noting the claimant had sufficient legal knowledge and the medical facts were clear, making a lawyer unnecessary.

Legislator headnote

AI generated

Art. 379 pkt 5 KPC; Art. 32 pkt 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin: The failure to appoint a lawyer ex officio does not constitute a violation of defense rights when the party possesses sufficient legal knowledge and the case facts are straightforward and well-documented.

Keywords

AI generated
disability pension eligibility court appointed lawyer defense rights violation procedural law cassation medical expert opinion

Cited Legislation

AI generated
art. 379 pkt 5 KPC
art. 32 pkt 3 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin

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