I UZ 7/09
AI generated
Social insurance appeal dismissed for formal defect because it can be cured during proceedings.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the District Court's decision to return a social insurance appeal. The lower court rejected the appeal because the lawyer submitted a certified copy of the power of attorney instead of the original or a certified copy, citing a formal defect under the Civil Procedure Code. The Supreme Court ruled that in social insurance cases, formal defects can be cured during explanatory proceedings, so the appeal could not be returned and the appeal was admissible.
Legislator headnote
AI generatedArt. 130 § 1 k.p.c.; Art. 468 § 2 pkt 1 k.p.c.: In social insurance proceedings, an appeal may be returned for formal defects only if those defects cannot be removed during explanatory proceedings.
Keywords
AI generated
social insurance proceedings
formal defects
curing defects
explanatory proceedings
power of attorney
civil procedure code
return of appeal
Cited Legislation
AI generatedArt. 130 § 1 k.p.c.
Art. 468 § 2 pkt 1 k.p.c.
Art. 3941 § 2 k.p.c.
Art. 4779 § 1 k.p.c.
Art. 4779 § 3 k.p.c.
Art. 47710 § 1 k.p.c.
Art. 3941 § 3 k.p.c.
Art. 3981 § 1 k.p.c.
art. 130 § 1 k.p.c
art. 468 § 2 pkt 1 k.p.c