Supreme Court quashes lower court ruling for denying plaintiff two-instance trial rights under Civil Procedure Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's judgment and remanded the case for retrial. The plaintiff argued that the appellate court violated her right to have her claim heard by two judicial instances by deciding the merits of a portion of the case the first instance had referred to a social insurance fund. The court held that the Civil Procedure Code guarantees a right to a two-instance trial regardless of the plaintiff's specific interest in the appeal, and the appellate court lacked authority to decide on matters not previously adjudicated by the first instance.
Legislator headnote
AI generatedArt. 367 k.p.c.; Art. 388 § 1 k.p.c.; Art. 390 § 1 k.p.c.; Art. 421 § 2 k.p.c.; Art. 14 MiP; Art. 6 KPP: The right to a two-instance trial is a fundamental procedural guarantee that cannot be waived; an appellate court may not decide on the merits of issues not previously adjudicated by the first instance, and such procedural violations constitute a breach of the state's interest.