Legislator Case Law & Legislation
I PO 12/94 AI generated

Supreme Court dismisses enforcement clause request for final Supreme Court ruling, directing it to the first-instance court.

Case Number I PO 12/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's request to grant immediate enforceability to a final Supreme Court judgment ordering the employment of a former detainee. The plaintiff argued non-payment of awarded procedural costs, but the court noted that immediate enforceability applies only to non-final judgments, whereas this specific ruling was already final. Consequently, the court determined that the proper authority to grant an enforcement clause for this final judgment is the first-instance court, not the Supreme Court itself.

Legislator headnote

AI generated

Art. 130 § 1 k.p.c.; Art. 781 § 1 k.p.c.; Art. 1060 § 2 k.p.c.; Art. 200 § 1 k.p.c.; Art. 13 § 2 k.p.c.: A request for an enforcement clause against a final Supreme Court judgment must be directed to the first-instance court, as immediate enforceability is legally inapplicable to final judgments.

Keywords

AI generated
enforcement clause Supreme Court judgment final judgment procedural costs first instance court immediate enforceability state entity debtor

Cited Legislation

AI generated
Art. 130 § 1 k.p.c.
Art. 781 § 1 k.p.c.
Art. 1060 § 2 k.p.c.
Art. 200 § 1 k.p.c.
Art. 13 § 2 k.p.c.
art. 1060 § 2 k.p.c
art. 781 § 1 k.p.c
art. 13 § 2 k.p.c

Cited Case Law

AI generated
333 i nast. k.p.c.

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