Legislator Case Law & Legislation
II UZ 58/99 AI generated

Supreme Court allows appeal when appeal subject value error is obvious without deep analysis.

Case Number II UZ 58/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court overturned the Court of Appeal's dismissal of the appellant's cassation appeal regarding pension benefits. The appellant argued a clerical error in the appeal subject value, which the Supreme Court deemed an obvious mistake requiring no deep analysis. Consequently, the Court ruled that the appeal was clearly justified under the law, necessitating the revocation of the lower court's decision.

Legislator headnote

AI generated

Art. 395 § 2 KPC; Art. 397 § 1, 2 KPC; An appeal is clearly justified when the defect is apparent without deeper analysis, requiring the court to revoke the contested decision.

Keywords

AI generated
clearly justified appeal clerical error subject value cassation procedure obvious defect standard pension benefit appeal

Cited Legislation

AI generated
Art. 395 § 2 KPC
Art. 397 § 1 and 2 KPC
Art. 386 § 4 KPC
Art. 393 KPC
Art. 22 KPC
Art. 25 § 1 KPC
Art. 391 KPC

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