Legislator Case Law & Legislation
III UZ 29/04 AI generated

Supreme Court dismisses appeal rejection for lack of formal defects that prevent proper appellate proceedings.

Case Number III UZ 29/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court overturned the Regional Court's dismissal of an appeal filed by a disability pension applicant. The lower court rejected the appeal because it lacked specific legal grounds and reasoning, citing procedural deficiencies under the Civil Procedure Code. The Supreme Court ruled that such formal defects only invalidate an appeal if they prevent the appellate court from conducting its review, which was not the case here as the applicant clearly sought the pension benefit.

Legislator headnote

AI generated

Art. 370 ust. 1 k.p.c.; Art. 373 ust. 2-3 k.p.c.: Defects in an appeal that prevent its proper progress are limited to those that make the appellate court unable to conduct the proceedings.

Keywords

AI generated
appellate procedure formal defects civil procedure code pension rights procedural dismissal

Cited Legislation

AI generated
Art. 370 ust. 1 k.p.c.
Art. 373 ust. 2-3 k.p.c.
Art. 393 § 3 k.p.c.
Art. 397 k.p.c.
Art. 393 § 19 k.p.c.
art. 368 § 1 k.p.c
art. 5 k.p.c
art. 368 k.p.c
art. 378 § 1 k.p.c
art. 373 k.p.c

Cited Case Law

AI generated

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