Supreme Court allows appeal by brother-in-law as co-litigant under Art. 87 § 1 k.p.c. without kinship requirement.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the Supreme Administrative Court's decision rejecting an appeal filed by a brother-in-law on behalf of his sister and brother-in-law. The lower court had incorrectly applied Article 87 § 1 of the Code of Civil Procedure, requiring a specific kinship relationship for co-litigants to act as representatives. The Supreme Court ruled that the statute only mandates that the representative act on the same side as the parties, making the familial bond unnecessary when the representative is a co-litigant. Consequently, the Supreme Court permitted the extraordinary review and remanded the case for further proceedings.
Legislator headnote
AI generatedArt. 87 § 1 k.p.c.; Art. 204 § 1 k.p.a.; Art. 211 k.p.a.: A co-litigant may represent other parties in the same dispute without a kinship requirement, provided they act on the same side.