Legislator Case Law & Legislation
III SPP 47/06 AI generated

Supreme Court found procedural delay in social security appeals violated statutory time limits and awarded damages.

Case Number III SPP 47/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland declared the appeal proceedings against a social security decision to be unduly delayed and ordered the court to pay compensation. The plaintiff argued that the appellate court took over 19 months to act without providing reasons, while the court itself failed to submit the delay complaint within four months as required by law. Consequently, the court ruled that the delay constituted a violation of the plaintiff's right to a speedy trial and awarded damages under the relevant statute.

Legislator headnote

AI generated

Art. 12 ust. 2, 4 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; The court's failure to promptly submit a complaint regarding procedural delay constitutes a circumstance justifying an increase in the compensation awarded to the aggrieved party.

Keywords

AI generated
procedural delay social security appeals compensation for delay speedy trial right court obligation undue delay statutory time limits

Cited Legislation

AI generated
Art. 12 ust. 2 of the Act of 17 June 2004 on complaints against the right of a party to have a case heard without undue delay
Art. 12 ust. 4 of the Act of 17 June 2004 on complaints against the right of a party to have a case heard without undue delay
Art. 7 of the Act of 17 June 2004 on complaints against the right of a party to have a case heard without undue delay
Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms
Art. 467 of the Code of Civil Procedure
Art. 468 of the Code of Civil Procedure
Art. 471 of the Code of Civil Procedure
Art. 391 § 1 of the Code of Civil Procedure
art. 45 ust. 1 Konstytucji RP
art. 467 k.p.c

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