II C 1235/15
AI generated
Court awarded partial costs to plaintiff after dismissing most claims against one defendant while proceeding against another.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim against one defendant but awarded them the full process costs incurred against that party. The plaintiff withdrew the majority of their claim against the insurance company but maintained a portion against a second defendant. Consequently, the court ruled that the second defendant bore all process costs while the first defendant's liability was extinguished by withdrawal.
Legislator headnote
AI generatedArt. 100 ust. 2 k.p.c.; Art. 203 § 2 k.p.c.: When a plaintiff withdraws a claim, the defendant is generally exempt from costs, but an exception applies if the withdrawal results from the defendant satisfying a claim due at the time of filing, thereby treating the defendant as the losing party.
Keywords
AI generated
costs of proceedings
withdrawal of claim
proportional costs
joint and several liability
civil procedure code
advertising fees
partial judgment
Cited Legislation
AI generatedArt. 100 ust. 2 k.p.c.
Art. 203 § 2 k.p.c.
Art. 317 § 1 k.p.c.
§ 6 ust. 6 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
§ 21 Rozporządzenie Ministra Sprawiedliwości z dnia 22 października 2015 roku
art. 194 § 3 k.p.c
art. 805 k.c
art. 355 § 1 k.p.c
art. 203 § 4 k.p.c
art. 455 k.c
Cited Case Law
AI generatedII CZ 208/11
Supreme Court dismisses appeal and awards costs to plaintiff when defendant voluntarily satisfies claim, making defendant the losing party.
V CSK 204/11
Supreme Court dismisses partial judgment request for joint liability, ruling on joint debtors requires unified judgment.
I FSK 1006/14
I ACa 819/14
Appellate court partially allowed appeal by reducing compensation and pension amounts due to plaintiff's failure to seek employment.