Legislator Case Law & Legislation
II UK 129/06 AI generated

Social security appeal date remains original filing date when court ignores partial appeal requests without amendment.

Case Number II UK 129/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court allowed the cassation appeal, overturning the appellate court's dismissal of the social security claim. The appellant argued that a 2004 letter initiating proceedings on an unaddressed portion of his disability pension claim should reset the appeal deadline, whereas the lower court held the 2001 filing date was final. The court ruled that without a specific request to amend the judgment, the appeal date is fixed at the original filing, meaning the procedural defect regarding the deadline did not exist.

Legislator headnote

AI generated

Art. 4779 § 1, 3 k.p.c.; Art. 351 § 1 k.p.c.; When a court fails to address the entirety of an appeal request without a request for judgment amendment, the appeal date is the original filing date, not the date of the subsequent request regarding the unaddressed portion.

Keywords

AI generated
social security appeal procedural deadline unaddressed claim judgment amendment cassation appeal disability pension work accident

Cited Legislation

AI generated
Art. 4779 § 1 k.p.c.
Art. 4779 § 3 k.p.c.
Art. 351 § 1 k.p.c.
Art. 39815 § 1 k.p.c.
art. 351 § 1 k.p.c
art. 4779 § 1 k.p.c
art. 39815 § 1 k.p.c

Cited Case Law

AI generated

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