Supreme Court allows cassation appeal when formal defects are cured by mailing to correct court address despite wrong name.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the cassation appeal against the Social Insurance Fund's rejection of a social pension claim. The applicant argued that the seven-day deadline to cure formal defects was met because the supplementary document was mailed to the correct court's address in Gdańsk, even though the court name was mistakenly labeled as the District Court. The Court ruled that the deadline was preserved because the mailing address correctly identified the Social Insurance Department's location in Gdańsk, and the error in the court's name did not affect the recipient's identity. Furthermore, the Court clarified that the signature requirement applies only to the main process document, not its copies, thereby validating the submission.
Legislator headnote
AI generatedArt. 3986 § 2 k.p.c.; Art. 126 § 1 pkt 4 k.p.c.; Art. 128 k.p.c.; If a party mails a document to the correct court address despite a clerical error in the court's name, the deadline is preserved; the signature requirement applies only to the main process document, not its copies.