Legislator Case Law & Legislation
II UKN 4/97 AI generated

CPC transitional rules bar appeal against first-instance denial of revision deadline extension.

Case Number II UKN 4/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Wacław N. against a court order denying his request to extend the revision deadline. The lower court rejected the extension because the applicant failed to demonstrate due diligence in pursuing the appeal process. The Supreme Court ruled that the old Civil Procedure Code applied to this pre-1996 judgment, under which no appeal existed against a first-instance denial of a revision deadline extension.

Legislator headnote

AI generated

Art. 11 ust. 2 of the Act of 1 March 1996 on amending the Civil Procedure Code; transitional provisions apply to judgments rendered before the Act's entry into force, meaning no appeal lies against a first-instance court's refusal to extend the revision deadline.

Keywords

AI generated
transitional provisions Civil Procedure Code revision deadline cassation inadmissibility due diligence standard first instance judgment appeal mechanism

Cited Legislation

AI generated
Act of 1 March 1996 on amending the Civil Procedure Code (Dz. U. Nr 43, poz. 189)
Article 11 paragraph 2 of the Act of 1 March 1996
Article 393 paragraph 5 of the Civil Procedure Code

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