Legislator Case Law & Legislation
III ARN 10/94 AI generated

Supreme Court dismisses extraordinary review withdrawal case, ruling withdrawal is admissible under Civil Procedure Code.

Case Number III ARN 10/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review proceedings after the Minister of Justice withdrew the appeal. The case involved a tax dispute where the taxpayer argued for exemption from corporate income tax based on a double taxation treaty and German tax payment. The court held that the withdrawal of the extraordinary review is admissible and therefore the proceedings must be terminated.

Legislator headnote

AI generated

Art. 203 § 4 k.p.c.; Art. 393 § 2 k.p.c.: The withdrawal of an extraordinary review is admissible if it meets the criteria for admissibility under Art. 203 § 4 of the Civil Procedure Code, requiring the court to dismiss the proceedings.

Keywords

AI generated
extraordinary review withdrawal of appeal admissibility criteria civil procedure code dismissal of proceedings tax exemption double taxation treaty

Cited Legislation

AI generated
Art. 203 § 4 k.p.c.
Art. 393 § 2 k.p.c.
Art. 423 § 1 k.p.c.
Art. 393 § 1 k.p.c.
Art. 5 of the Double Taxation Treaty
Art. 9 ust. 1 pkt 3 of the Income Tax Act of 1989
art. 203 § 4 k.p.c
art. 393 §2 k.p.c
art. 393 § 1 k.p.c

Cited Case Law

AI generated
III ARN 64/93

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