II UKN 687/99
AI generated
Cassation dismissed; re-delivery of judgment does not restart appeal period if initial service was valid.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Magdalena G. against the Social Insurance Institution regarding family pension. The court held that the first-instance judgment was validly served via substitute service on July 22, 1999, triggering the appeal deadline. The subsequent re-delivery of the judgment on August 3, 1999, did not restart the appeal period because the initial service was legally effective. Consequently, the appellant's late appeal was correctly rejected by the Court of Appeal.
Legislator headnote
AI generatedArt. 139 § 1 KPC; Art. 369 § 1 KPC: Re-delivery of a judgment with reasoning does not restart the appeal period if the initial substitute service was validly performed.
Keywords
AI generated
substitute service
appeal period
cassation appeal
judgment delivery
Civil Procedure Code
deadline expiration
valid service
Cited Legislation
AI generatedart. 139 § 1 KPC
art. 369 § 1 KPC
art. 135 KPC
art. 372 KPC
art. 393 KPC
§ 10 ust. 2 rozporządzenia Ministra Sprawiedliwości z dnia 15 grudnia 1970 r.