I UK 79/08
AI generated
Employer not interested party in disability pension case under Polish Civil Procedure Code Article 47711.2
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an insured person seeking a disability pension. The court found that employers were not interested parties under Article 47711 § 2 of the Civil Procedure Code because the social security benefits did not create rights or obligations for them. Consequently, the court held that excluding employers from the proceedings did not violate procedural rights or render the judgment void.
Legislator headnote
AI generatedArt. 47711 § 2 k.p.c.; Employers are not interested parties in disability pension cases as the judgment does not affect their rights or obligations as social security contributors.
Keywords
AI generated
disability pension
interested party
civil procedure code
social security benefits
cassation appeal
procedural rights
employer liability
Cited Legislation
AI generatedArt. 47711 § 2 k.p.c.
Art. 379 pkt 5 k.p.c.
Art. 3983 § 3 k.p.c.
Art. 328 § 2 k.p.c.
Art. 189 k.p.c.
Art. 22 k.p.
Art. 39813 § 2 k.p.c.
Art. 39814 k.p.c.
§ 12 § 11 ust. 4 pkt 2
§ 15 pkt 1 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
Cited Case Law
AI generatedII PK 274/04
Supreme Court voids appeal judgment for lack of valid power of attorney and remands case.
I PK 124/06
Supreme Court dismissed cassation appeal as alleged procedural defects did not affect plaintiff's rights.
II UK 66/04
Supreme Court quashes social security dismissal due to failure to notify excluded employee, allowing retrial.
I UK 8/07
Supreme Court allows action to declare work accident despite employer's lack of interest in social security benefits.