Legislator Case Law & Legislation
II UKN 475/00 AI generated

Supreme Court dismisses cassation on statute of limitations raised in appeal proceedings for work injury compensation claim.

Case Number II UKN 475/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a miner seeking compensation for a work injury sustained in 1982. The defendant argued that the claim was time-barred under Article 442 of the Civil Code, noting the plaintiff failed to report the accident immediately and only sought disability pension years later. The court ruled that the statute of limitations defense is a matter of substantive law that the defendant may raise at any stage of the proceedings, including the appeal, and its assertion does not violate constitutional guarantees of access to court.

Legislator headnote

AI generated

Art. 442 § 1 k.c.; Art. 5 k.c. - The statute of limitations defense is a substantive right that the defendant may assert at any stage of the proceedings, including the appeal, and its assertion does not violate constitutional guarantees of access to court.

Keywords

AI generated
statute of limitations work injury compensation cassation appeal substantive law defense access to court disability pension civil code provisions

Cited Legislation

AI generated
Art. 442 § 1 k.c.
Art. 5 k.c.
Art. 117 § 2 k.r.
Art. 6 Konwencji o Ochronie Praw Człowieka i Podstawowych Wolności
Art. 393 § 1 k.p.c.
Art. 102 k.p.c.

Cited Case Law

AI generated
C II 2283/35, OSP 1936 r. poz. 727

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text