Civil appeal dismissed; mental impairment does not trigger mandatory court-appointed lawyer under Polish Civil Procedure Code.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by a veteran seeking disability pensions against social insurance decisions. The applicant argued that the lack of a court-appointed lawyer violated procedural fairness due to his mental impairment, but the court found no statutory obligation to appoint counsel in this context. The decision relied on the principle that lawyer appointment requires a party's request unless specific incapacity criteria are met, which were not satisfied here.
Regeste Legislator
Généré par l'IAart. 117 § 1 Kodeksu postępowania cywilnego; art. 379 pkt 2 Kodeksu postępowania cywilnego: The court is not obligated to appoint a lawyer ex officio for a mentally impaired party unless the party requests it, and the absence of such appointment does not constitute a procedural defect.