Supreme Court dismissed cassation for lack of procedural necessity regarding lawyer guidance under Civil Procedure Code Art. 5.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Irena H. against a Social Insurance Office decision denying her disability pension. The applicant argued that the lower court failed to provide necessary procedural guidance under Article 5 of the Civil Procedure Code and did not order expert opinions, which allegedly affected the determination of the disability onset date. The court ruled that the obligation to provide guidance is limited by 'procedural necessity' and that the lower court's findings on the disability date were based on a comprehensive evaluation of evidence, rendering the alleged procedural errors irrelevant to the final outcome.
Regesto Legislator
Generato dall'IAArt. 5 KPC; Art. 393 § 1 pkt 2 KPC: The duty of the court to provide guidance to a party without a lawyer is limited by procedural necessity and does not require the court to substitute for the party's role or replace their right to present evidence.