Legislator Case Law & Legislation
II UKN 178/99 AI generated

Supreme Court dismisses appeal for retrial due to expired five-year limitation period under Civil Procedure Code.

Case Number II UKN 178/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision rejecting a request for retrial of a social insurance case. The applicant argued that the five-year limitation period under Article 408 of the Civil Procedure Code should not apply because he was properly represented and aware of the proceedings. The court found that the applicant had full capacity, participated in the trial, and received the judgment, meaning no legal impediment existed to the time bar. Consequently, the court held that the limitation period is preclusive and cannot be extended, leading to the rejection of the retrial request.

Legislator headnote

AI generated

Art. 408 KPC; Art. 168 KPC: The five-year limitation period for filing a request for retrial is preclusive and cannot be extended, except where the party was deprived of the ability to act or lacked proper representation.

Keywords

AI generated
Civil Procedure Code retrial request five-year limitation preclusive period deprived of ability to act proper representation cassation appeal

Cited Legislation

AI generated
Art. 408 KPC
Art. 168 KPC
Art. 393 KPC

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