Polish Supreme Court dismisses appeal for missing deadline due to broken finger when lawyer filed appeal after authorization.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland dismissed the appellant's cassation appeal regarding a missed deadline for filing an appeal. The appellant argued that a broken right hand prevented him from writing the appeal, yet he had authorized a lawyer who submitted the appeal with a request to restore the deadline. The court ruled that once the physical impediment ceased, the appellant failed to act promptly by authorizing counsel, thereby breaching the duty of special diligence required in civil proceedings.
Regeste Legislator
Généré par l'IAArt. 168 § 1 KPC; Art. 148 § 2 KPC: A party's temporary inability to file an appeal due to physical disability does not justify a missed deadline if, after recovery, the party fails to file the appeal personally or promptly authorizes a representative to do so.