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