Legislator Case Law & Legislation
I PZ 27/08 AI generated

Supreme Court dismissed appeal; service to workplace agent valid without client authorization under Code of Civil Procedure.

Case Number I PZ 27/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal regarding the dismissal of a cassation complaint due to a missed deadline. The lower court found that service was validly effected to an authorized workplace agent because the client had designated their employer's address for service without specifying a different recipient. The Court ruled that the statutory presumption of receipt by the workplace agent applies when no specific authorization to another person is given, thereby validating the service and the subsequent time limit calculation.

Legislator headnote

AI generated

Art. 133 § 3 k.p.c.; Art. 138 § 2 k.p.c.: If a party does not authorize another person, the person designated by the employer is deemed authorized to receive documents at the workplace, creating a presumption of valid service.

Keywords

AI generated
service of process workplace service presumption of receipt civil procedure code missed deadline authorized agent employer designation

Cited Legislation

AI generated
Art. 133 § 3 k.p.c.
Art. 135 § 1 k.p.c.
Art. 138 § 1 k.p.c.
Art. 138 § 2 k.p.c.
Art. 168 § 1 k.p.c.
Art. 169 § 1 k.p.c.
Art. 39814 k.p.c.
Art. 394 § 3 k.p.c.
Art. 3985 § 1 k.p.c.
Art. 3986 § 2 k.p.c.

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