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II UKN 186/99 AI generated

Social security appeal dismissed; improper lawyer notification did not deny substantive defense rights under Polish Civil Procedure Code.

Case Number II UKN 186/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a social security claimant against a first-instance judgment denying her disability pension. The applicant argued that the lower court's failure to properly notify her lawyer of the hearing date violated her right to defense under Article 379 of the Civil Procedure Code. The court held that while the notification was procedurally flawed, it did not deprive the claimant of her substantive material rights, as the evidentiary requests were either considered or properly rejected.

Legislator headnote

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Art. 379 pkt 5 KPC; Art. 149 § 2 KPC; Art. 150 pkt 3 i 4 KPC: Improper notification of a lawyer does not render proceedings void if the party retains the ability to exercise their substantive material rights.

Keywords

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social security disability pension cassation appeal dismissal right to defense procedural notification defect substantive material rights civil procedure code lawyer notification

Cited Legislation

AI generated
Art. 379 pkt 5 KPC
Art. 149 § 2 KPC
Art. 150 pkt 3 i 4 KPC
Art. 393 KPC
Art. 472 § 1 i 2 KPC

Cited Case Law

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