Legislator Case Law & Legislation
II UKN 596/99 AI generated

Cassation dismissed; failure to inform about appeal procedure does not violate Art. 5 CPC as Art. 327 § 1 CPC governs it.

Case Number II UKN 596/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a claimant against a social insurance office regarding a disability pension. The lower courts rejected the appeal as time-barred because the claimant did not request a reasoned judgment, which was delivered only for informational purposes. The Supreme Court held that the claimant's absence at the judgment reading did not delay its promulgation and that the specific rules for informing parties about appeal procedures are exclusively set by Article 327 § 1 of the Code of Civil Procedure, not Article 5.

Legislator headnote

AI generated

Art. 326 § 2 KPC; Art. 327 § 1 KPC; The absence of a party does not delay the promulgation of a judgment, and specific procedural instructions regarding appeals are governed by Article 327 § 1 of the Code of Civil Procedure, not Article 5.

Keywords

AI generated
Code of Civil Procedure cassation appeal time bar appeal reasoned judgment procedural instruction

Cited Legislation

AI generated
Art. 5 KPC
Art. 326 § 2 KPC
Art. 327 § 1 KPC
Art. 328 § 1 KPC
Art. 369 KPC
Art. 393 KPC

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