Legislator Case Law & Legislation
II UKN 687/99 AI generated

Cassation dismissed; re-delivery of judgment does not restart appeal period if initial service was valid.

Case Number II UKN 687/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
art. 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.

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