Social security appeal date remains original filing date when court ignores partial appeal requests without amendment.
Legislator summary
AI generatedThe 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 generatedArt. 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.