Legislator Case Law & Legislation
II UKN 332/98 AI generated

Polish Supreme Court dismisses cassation when a party fails to submit evidence and later claims procedural violation.

Case Number II UKN 332/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Polish Supreme Court dismissed the cassation appeal filed by Jadwiga B. against a decision denying her rural disability pension. The applicant argued that the lower court violated procedural rules by relying on expert opinions without allowing her to present new evidence. The court ruled that because the applicant refused to actively participate in proceedings and did not submit any evidence, she cannot later claim a procedural violation in the cassation stage.

Legislator headnote

AI generated

Art. 217 § 1, 224 § 1, 385 KPC; A party that fails to actively participate in proceedings and submit evidence cannot successfully claim in cassation that the case was not sufficiently clarified.

Keywords

AI generated
cassation appeal dismissal procedural violation claim failure to submit evidence passive participation proceedings disability pension denial expert opinion reliance KPC procedural rules

Cited Legislation

AI generated
Art. 217 § 1 KPC
Art. 224 § 1 KPC
Art. 385 KPC
Art. 393 § 12 KPC
Act of 14 December 1982 on social insurance of individual farmers

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