Supreme Court voids social security appeal due to expert opinion served one day before final judgment.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland voided the lower court's judgment regarding a widow's disability pension due to procedural flaws. The Social Security Agency denied benefits based on an expert medical opinion that was served to the applicant only one day before the final hearing. The court held that this timing deprived the applicant of a fair opportunity to verify the evidence or seek legal counsel, violating her right to a fair trial. Consequently, the judgment was annulled and the case remanded for a new trial to ensure proper procedural safeguards.
Regesto Legislator
Generato dall'IAArt. 379 pkt 5 k.p.c.; Art. 45 ust. 1 Konstytucji; Art. 6 KPP: A court proceeding is void when a party is notified of a hearing date incorrectly and expert evidence is presented at the final session without prior service, thereby depriving the party of the opportunity to prepare a defense and violating the right to a fair trial.