Legislator Case Law & Legislation
II UZ 23/04 AI generated

Supreme Court allows appeal by remanding case when delivery officer failed to properly record failed service attempts.

Case Number II UZ 23/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of an appeal regarding social security pension benefits. The appellant argued the appeal period expired because the court deemed the judgment served via postal notice on December 27, 2003. The court found the lower court erred by relying solely on the postal receipt without investigating the delivery officer's failure to record specific reasons for the initial non-delivery. Consequently, the Supreme Court held that the lower court was justified in ordering a new delivery attempt due to these unresolved doubts about the validity of the original service.

Legislator headnote

AI generated

Art. 139 § 1 k.p.c.; Art. 369 § 1 k.p.c.: If a court has reasonable doubts regarding the validity of service by postal notice due to the delivery officer's failure to properly document the circumstances of non-delivery, the court must order a new delivery attempt rather than counting the appeal period from the date of the postal receipt.

Keywords

AI generated
civil procedure code service of process postal delivery appeal period delivery officer duties reasonable doubt social security benefits

Cited Legislation

AI generated
Art. 139 § 1 k.p.c.
Art. 369 § 1 k.p.c.
§ 10 of the Regulation of 17 June 1999 on the detailed procedure for the delivery of court documents by post in civil proceedings
art. 139 § 1 k.p.c
art. 369 § 1 k.p.c
art. 139 § 3 k.p.c
art. 139 k.p.c

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