Legislator Case Law & Legislation
II UZ 52/05 AI generated

Supreme Court dismissed appeal on procedural grounds regarding social insurance appeal filing deadlines. Appeal is a special writ initiating proceedings, not a civil claim subject to specific appeal rules.

Case Number II UZ 52/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the appellate court's decision rejecting the appeal against a social insurance office's refusal of disability pension. The appellant argued the appeal functioned as a civil claim, but the court clarified that social insurance proceedings follow a distinct administrative track governed by special procedural rules. Consequently, the appeal was rejected because it was filed after the statutory deadline, as the special writ initiating proceedings does not benefit from the extended timelines applicable to civil claims.

Legislator headnote

AI generated

Art. 13 § 1, Art. 4779 § 3 k.p.c.; Appeals in social insurance matters are special writs initiating proceedings under separate rules, not civil claims, so filing deadlines apply strictly and late appeals are inadmissible.

Keywords

AI generated
social insurance proceedings procedural deadline appeal writ administrative track inadmissible appeal civil code application disability pension

Cited Legislation

AI generated
Art. 13 § 1 k.p.c.
Art. 4779 § 3 k.p.c.
Art. 3981 § 1 k.p.c.
Art. 3941 k.p.c.
Art. 397 § 1 k.p.c.
art. 187 k.p.c
art. 3981 § 1 k.p.c
art. 3941 § 2 k.p.c
art. 385 k.p.c
art. 13 § 1 k.p.c

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