I UZ 38/05
Généré par l'IA
Supreme Court allows appeal reinstatement when illness caused misinterpretation of procedural instructions and delay was minimal.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court reinstated the appeal filed by an insured woman against a social insurance office decision. The insured argued she missed the deadline due to illness preventing her from understanding procedural instructions, while the lower court rejected the appeal as late. The court held that the insured's health condition reasonably explained her failure to understand the instructions and that the one-day delay was not attributable to her fault.
Regeste Legislator
Généré par l'IAArt. 386 § 4 k.p.c.; Art. 394 § 2, 398 § 2 k.p.c.: A failure to meet a procedural deadline is excused when the party was unable to comply due to independent obstacles, including illness that caused a misinterpretation of procedural instructions.
Mots-clés
Généré par l'IA
procedural deadline
reinstatement of appeal
medical condition excuse
misinterpretation of instructions
lack of fault
social insurance dispute
Supreme Court review
Dispositions légales citées
Généré par l'IAArt. 386 § 4 k.p.c.
Art. 394 § 2 k.p.c.
Art. 398 § 2 k.p.c.
art. 168 § 1 k.p.c
art. 373 k.p.c