Supreme Court voids appeal due to court scheduling error depriving party of defense rights under Art. 379(5) KPC.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court voided the second-instance judgment because the court held the appeal hearing on the scheduled date but issued the ruling on the same day, contradicting the notice sent to the appellant. The appellant, a former railway employee, argued that the procedural error deprived him of his right to defend himself, as he arrived the day after the hearing. The court ruled that such a scheduling defect renders the proceedings invalid regardless of whether the appellant's presence could have influenced the outcome.
Regeste Legislator
Généré par l'IAArt. 379 pkt 5 k.p.c.; Art. 398 § 1 pkt 15 k.p.c.; Conducting an appeal hearing on the date notified to the party, when the judgment is issued on that same day, deprives the party of the opportunity to defend their rights, rendering the proceedings void regardless of whether their participation could have influenced the judgment.