II UKN 750/99
AI generated
Supreme Court dismisses appeal for naming wrong social insurance fund as defendant under Civil Procedure Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court rejected the cassation appeal filed by Janina S. against a second-instance court ruling denying her rural pension. The appellant incorrectly identified the Social Insurance Fund in B. as the rent authority, despite the actual decision being issued by the Rural Social Insurance Fund Branch in B. The court held that cassation can only be lodged against existing judgments, making an appeal against a non-existent ruling inadmissible under Article 392 of the Civil Procedure Code.
Legislator headnote
AI generatedArt. 392 § 1 KPC; Art. 393 § 1 pkt 2 KPC: Cassation is inadmissible when the appellant designates a different rent authority than the one that issued the contested decision, as cassation applies exclusively to existing judgments.
Keywords
AI generated
cassation appeal
rent authority
rural pension
inadmissible appeal
Social Insurance Fund
second instance judgment
Civil Procedure Code
Cited Legislation
AI generatedArt. 392 § 1 KPC
Art. 393 § 1 pkt 2 KPC
Art. 316 KPC
Art. 3938 § 1 KPC