Legislator Case Law & Legislation
I UZ 16/05 AI generated

Supreme Court held that appeal value determines cassation admissibility, not its merit, allowing the case to proceed.

Case Number I UZ 16/05
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 a cassation appeal regarding social insurance benefits. The insured argued that the appeal was inadmissible due to a missed deadline, while the appellate court incorrectly focused on the value of the claim in the appeal stage rather than the initial appeal. The court ruled that the value of the dispute is determined by the amount claimed in the first appeal, establishing that the case met the threshold for cassation admissibility based on value.

Legislator headnote

AI generated

Art. 3921 § 1 k.p.c.; Art. 19 § 1 k.p.c.; The value of the subject matter of the dispute for cassation admissibility is determined by the amount claimed in the appeal, not the appeal itself.

Keywords

AI generated
cassation admissibility value of subject matter social insurance benefits missed deadline appeal value determination

Cited Legislation

AI generated
Art. 3921 § 1 k.p.c.
Art. 19 § 1 k.p.c.
Art. 22 k.p.c.
Art. 171 k.p.c.
art. 3921 § 1 k.p.c
art. 22 k.p.c
art. 391 § 1 k.p.c
art. 3935 § 1 k.p.c
art. 19 § 1 k.p.c
art. 171 k.p.c

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