Legislator Case Law & Legislation
III ZP 20/98 AI generated

Failure to summon a legally defined interested party as a party renders the social insurance proceedings void.

Case Number III ZP 20/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court ruled that the Social Insurance Office's proceedings were void because the court failed to summon a specific interested party as a formal party. The cooperative argued that the party had already sought a medical certificate during the administrative control, but the court held that legal status depends on the subject matter, not subjective belief. Consequently, the lack of a summons violated procedural guarantees and necessitated the annulment of the entire process.

Legislator headnote

AI generated

Art. 477 11 § 1 KPC; Art. 477 11 § 2 KPC; Art. 379 pkt 5 KPC: Failure to summon a person legally defined as an interested party as a party to the proceedings renders the proceedings void.

Keywords

AI generated
social insurance proceedings interested party status procedural voidness summons requirement annulment of proceedings

Cited Legislation

AI generated
art. 477 11 § 1 KPC
art. 477 11 § 2 KPC
art. 379 pkt 5 KPC
art. 366 KPC
art. 365 KPC

Cited Case Law

AI generated

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