II UK 107/02
AI generated
Supreme Court dismissed cassation claiming procedural interpretation of Civil Procedure Code was required.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court rejected a cassation appeal filed by a disability pension applicant against a lower court's denial of her claim. The applicant argued that the lower court improperly exceeded the scope of free evidence evaluation regarding a medical expert's opinion under Article 233 of the Civil Procedure Code. The court held that this provision is well-established in jurisprudence and does not require interpretation to resolve the case, as the expert's opinion was not binding and could be re-evaluated.
Legislator headnote
AI generatedArt. 233 § 1 k.p.c.; Art. 393 § 1 pkt 1 k.p.c.: The need to interpret a procedural code provision does not constitute a ground for admitting a cassation appeal if the provision is clear and lacks judicial inconsistencies.
Keywords
AI generated
cassation appeal
free evaluation of evidence
medical expert opinion
procedural interpretation
disability pension
Cited Legislation
AI generatedArt. 233 § 1 k.p.c.
Art. 393 § 1 pkt 1 k.p.c.
Art. 3 k.p.c.
Art. 227 k.p.c.
Art. 6 KC
art. 233 § 1 k.p.c
art. 393 § 1 pkt 1 k.p.c
art. 3933 § 1 pkt 3 k.p.c
art. 3 k.p.c
art. 227 k.p.c