Legislator Case Law & Legislation
II UZ 7/01 AI generated

Supreme Court allows appeal against appellate dismissal of cassation for lack of procedural grounds.

Case Number II UZ 7/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland set aside the appellate court's dismissal of a cassation appeal filed by a claimant seeking disability pension. The claimant argued that the lower court failed to verify written expert opinions, violating procedural rules, while the appellate court incorrectly declared the appeal inadmissible due to a lack of material law violation. The Supreme Court ruled that the appellate court lacked authority to make a substantive assessment of the cassation's merit and must instead evaluate whether the appeal met procedural requirements under the Code of Civil Procedure.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 386 § 1 in conjunction with Art. 393 § 19 KPC: The appellate court is not authorized to make a substantive assessment of the admissibility of a cassation appeal; if the appeal contains the required grounds and reasoning, it cannot be declared inadmissible solely for lack of a material law violation.

Keywords

AI generated
cassation appeal admissibility appellate court authority procedural requirements substantive assessment Code of Civil Procedure

Cited Legislation

AI generated
Art. 285 KPC
Art. 286 KPC
Art. 290 KPC
Art. 233 § 1 KPC
Art. 393 § 1 KPC
Art. 393 § 3 KPC
Art. 393 § 19 KPC
Art. 386 § 1 KPC

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