Legislator Case Law & Legislation
II UKN 225/01 AI generated

Social security appeal dismissed because withdrawal lacked required circumstances under new Civil Procedure Code rules.

Case Number II UKN 225/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a social security beneficiary against a decision denying student disability pension. Although the applicant later withdrew the appeal, the court noted that the withdrawal was not accompanied by the specific circumstances required to justify its acceptance under the newly amended Civil Procedure Code. Consequently, the court ruled that the withdrawal constituted a procedural defect that did not warrant an assessment of the insured's legitimate interest, leading to the dismissal of the proceedings.

Legislator headnote

AI generated

Art. 3933 § 1 KPC; Art. 355 § 1 KPC: Withdrawal of cassation without stated circumstances justifying its acceptance constitutes a fatal defect, precluding assessment of the insured's legitimate interest and resulting in dismissal of the proceedings.

Keywords

AI generated
cassation appeal withdrawal social security benefits legitimate interest assessment Civil Procedure Code procedural defect dismissal

Cited Legislation

AI generated
Art. 63 ust. 1 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin
Art. 469 KPC
Art. 3933 § 1 KPC
Art. 355 § 1 KPC
Art. 39319 KPC
Art. 391 KPC

Cited Case Law

AI generated
II UKN 527/98
Supreme Court dismisses withdrawal of cassation appeal as inadmissible due to insured's continued interest and procedural error.
II UKN 298/99
II UKN 304/99
C.II. 859/36
C.II. 1811/36
C.III. 319/37
II CKN 404/97
II CKN 711/00

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