Legislator Case Law & Legislation
II UZ 90/01 AI generated

Supreme Court dismissed appeal on appeal deadline missed due to lack of fault despite client's age and illness.

Case Number II UZ 90/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a social insurance office decision regarding pension compensation. The appellant argued that his age, severe illness, and reliance on a driver prevented him from meeting the appeal deadline, claiming the lower court erred in assuming he was at fault. The court rejected these claims, noting that the appellant's active litigation history and family support contradicted the assertion of total incapacity, and that the medical certificate only covered a later period.

Legislator headnote

AI generated

Art. 168 § 1 KPC; Art. 393 § 3 KPC; Art. 385 KPC: An appeal deadline may be restored only if the delay was not caused by the appellant's fault, which requires a specific finding of incapacity rather than an a priori assumption based on age or illness.

Keywords

AI generated
appeal deadline social insurance fault requirement medical incapacity procedural default restoration of term supreme court

Cited Legislation

AI generated
Art. 168 § 1 KPC
Art. 393 § 3 KPC
Art. 385 KPC

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