Legislator Case Law & Legislation
II UKN 13/96 AI generated

Supreme Court dismisses direct appeal filing as a notice of appeal, ordering transfer to appellate court for proper procedure.

Case Number II UKN 13/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's direct filing to the Supreme Court, which was substantively a notice of appeal against a second-instance decision rejecting cassation. The applicant argued the document constituted a cassation appeal, but the Court determined it was legally a notice of appeal requiring specific procedural steps. Consequently, the document was returned to the appellate court to initiate the correct notice of appeal procedure, including verifying the filing deadline.

Legislator headnote

AI generated

Art. 393 § 1, 393 § 19, 394 § 1, 395 Kodeksu postępowania cywilnego: A notice of appeal filed directly to the Supreme Court against a second-instance decision rejecting cassation must be transferred to the appellate court to follow the proper notice of appeal procedure.

Keywords

AI generated
notice of appeal procedure cassation rejection Supreme Court jurisdiction filing deadline verification procedural transfer

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 393 § 19 KPC
Art. 394 § 1 KPC
Art. 395 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text