Supreme Court dismissed cassation; court's own evidence gathering did not violate procedural rules under Art. 5 KPC.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a woman seeking a war veteran's pension against the Social Insurance Institution. The applicant argued that the lower court violated procedural rules by failing to examine her witnesses and experts, yet the Supreme Court found no such violation. The court ruled that conducting evidence gathering ex officio instead of providing hints to the party does not constitute a breach of Art. 5 of the Code of Civil Procedure, and the medical evidence conclusively showed no causal link between her childhood deportation and current disability.
Legislator headnote
AI generatedArt. 5 Kodeksu postępowania cywilnego; Art. 393 § 2 Kodeksu postępowania cywilnego: The court's ex officio conduct of evidence proceedings does not violate the right to hints under Art. 5 KPC if no specific procedural errors are demonstrated, and preliminary rulings by the presiding judge do not affect the final judgment.