Legislator Case Law & Legislation
I PK 122/05 AI generated

Supreme Court voids appeal due to court scheduling error depriving party of defense rights under Art. 379(5) KPC.

Case Number I PK 122/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court voided the second-instance judgment because the court held the appeal hearing on the scheduled date but issued the ruling on the same day, contradicting the notice sent to the appellant. The appellant, a former railway employee, argued that the procedural error deprived him of his right to defend himself, as he arrived the day after the hearing. The court ruled that such a scheduling defect renders the proceedings invalid regardless of whether the appellant's presence could have influenced the outcome.

Legislator headnote

AI generated

Art. 379 pkt 5 k.p.c.; Art. 398 § 1 pkt 15 k.p.c.; Conducting an appeal hearing on the date notified to the party, when the judgment is issued on that same day, deprives the party of the opportunity to defend their rights, rendering the proceedings void regardless of whether their participation could have influenced the judgment.

Keywords

AI generated
procedural invalidity right to defense scheduling defect appeal hearing void proceedings court error KPC

Cited Legislation

AI generated
Art. 379 pkt 5 k.p.c.
Art. 398 § 1 pkt 15 k.p.c.
Art. 398 § 21 k.p.c.
Art. 386 § 2 k.p.c.
art. 379 pkt 5 k.p.c
art. 233 § 1 k.p.c
art. 150 k.p.c
art. 3989 § 1 pkt 3 k.p.c
art. 150 pkt 2 k.p.c
art. 39821 k.p.c

Cited Case Law

AI generated
II CKN 822/00
II CKN 461/99

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