Legislator Case Law & Legislation
X C 1123/21 AI generated

Court dismissed claim for penalty fees due to plaintiff's failure to prove calculation basis.

Case Number X C 1123/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the plaintiff's claim for 2,294.27 PLN, ruling that the defendant did not owe the disputed penalty fees. Although the plaintiff presented invoices and an assignment agreement, they failed to provide evidence establishing the legal basis and specific calculation method for the contractual penalty. Consequently, the court found the plaintiff had not met their burden of proof under civil procedure law and ordered the plaintiff to bear the litigation costs.

Legislator headnote

AI generated

Art. 6 k.c.; Art. 232 k.p.c.; The burden of proof lies with the party asserting a fact; if a party fails to provide sufficient evidence to substantiate their claim, the court must rule against them.

Keywords

AI generated
burden of proof contractual penalty civil procedure telecommunications contract assignment of claim litigation costs failure to prove

Cited Legislation

AI generated
Art. 6 k.c.
Art. 232 k.p.c.
Art. 98 § 1 k.p.c.
Art. 98 § 2 k.p.c.
art. 6 k.c

Cited Case Law

AI generated
AI generated

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