Legislator Case Law & Legislation
II UZ 41/07 AI generated

Social security appeal dismissed by Supreme Court for failure to specify subject matter value as required by law.

Case Number II UZ 41/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Social Security Institution's appeal against a lower court ruling that increased a pensioner's benefit. The institution argued that the appeal was inadmissible because the lower court judgment did not specify the exact monetary value of the disputed subject matter. The court held that the obligation to specify the value arises from the Civil Procedure Code and that the institution, represented by a professional lawyer, cannot evade this duty by claiming the value is unclear or requires complex calculations.

Legislator headnote

AI generated

Art. 368 § 2 k.p.c.; Art. 370 k.p.c.: An appeal filed by a social security institution represented by a professional lawyer is inadmissible and must be rejected if the institution fails to specify the value of the subject matter of the appeal upon the court's summons.

Keywords

AI generated
social security appeal subject matter value inadmissible appeal professional representation pension calculation Civil Procedure Code formal defect

Cited Legislation

AI generated
Art. 368 § 2 k.p.c.
Art. 22 k.p.c.
Art. 25 § 1 k.p.c.
Art. 370 k.p.c.
Art. 373 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 14 k.p.c.
art. 370 k.p.c
art. 373 k.p.c
art. 368 § 2 k.p.c

Cited Case Law

AI generated
II UZP 7/05 (OSNP 2005 nr 24, poz. 396)

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text