Legislator Case Law & Legislation
II UKN 490/99 AI generated

Supreme Court dismisses appeal for late social security appeal filed over 18 months after decision. Appeal deemed excessive delay caused by client's own misunderstanding of legal process.

Case Number II UKN 490/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's rejection of a social security appeal filed over 18 months after the administrative decision. The applicant argued the delay was not excessive and resulted from a misunderstanding of the legal process, claiming the letter was merely a complaint rather than an appeal. The court ruled that the 18-month delay was excessive and the cause was attributable to the applicant's own failure to recognize the need for judicial review despite proper instructions.

Legislator headnote

AI generated

Art. 4779 § 1 KPC; Art. 4779 § 3 KPC: An appeal filed after the expiration of the statutory period is rejected unless the delay is not excessive and occurred due to circumstances independent of the appellant; both conditions must be met for the period to be restored.

Keywords

AI generated
social security appeal excessive delay statutory time limit cassation appeal administrative procedure burden of proof procedural deadline

Cited Legislation

AI generated
Art. 4779 § 1 KPC
Art. 4779 § 3 KPC
Art. 130 § 1 KPC
Art. 385 KPC
Art. 393 KPC

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