Legislator Case Law & Legislation
II UKN 614/98 AI generated

Supreme Court dismisses appeal court's failure to verify withdrawal cause under Art. 469 KPC, ordering remand for review of insured's legitimate interest.

Case Number II UKN 614/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appeal court's decision to dismiss the proceedings due to the insured's withdrawal of the appeal. The insured claimed she had settled her insurance arrears, but the lower court failed to verify the truth of this reason for withdrawal. The court ruled that the appeal court violated its duty to assess the insured's legitimate interest in quickly obtaining social benefits, which requires verifying the validity of the withdrawal reason.

Legislator headnote

AI generated

Art. 469 KPC; Art. 476 § 5 pkt 2 KPC: The court must verify the reason for a party's withdrawal of an appeal to ensure it does not violate the insured's legitimate interest in the timely acquisition of social benefits.

Keywords

AI generated
social insurance benefits withdrawal of appeal legitimate interest Art. 469 KPC procedural duty social security arrears remand for review

Cited Legislation

AI generated
Art. 469 KPC
Art. 476 § 5 pkt 2 KPC
Art. 203 § 4 KPC
Art. 47712 KPC
Art. 39319 KPC

Cited Case Law

AI generated
I PKN 74/96 (OSNAPUS 1997 nr 17, poz. 318)

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