II UKN 186/99
AI generated
Social security appeal dismissed; improper lawyer notification did not deny substantive defense rights under Polish Civil Procedure Code.
Legislator summary
AI generatedThe 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
AI generatedArt. 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
AI generated
social security disability pension
cassation appeal dismissal
right to defense
procedural notification defect
substantive material rights
civil procedure code
lawyer notification
Cited Legislation
AI generatedArt. 379 pkt 5 KPC
Art. 149 § 2 KPC
Art. 150 pkt 3 i 4 KPC
Art. 393 KPC
Art. 472 § 1 i 2 KPC