Legislator Case Law & Legislation
I PZ 9/97 AI generated

Supreme Court allows appeal restoration request by correcting procedural misclassification of the petition.

Case Number I PZ 9/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's dismissal of Jonasz P.'s request to restore the deadline for filing an appeal. The lower court incorrectly treated the petition as a cassation appeal against a procedural decision rather than a request to extend the appeal period. The court ruled that the petition's title and content clearly indicated its purpose as a deadline restoration request, which was formally compliant with the Civil Procedure Code. Consequently, the Supreme Court ordered the case remitted to the competent labor court for proper handling of the restoration request.

Legislator headnote

AI generated

Art. 169 § 1 KPC; Art. 371 § 1 KPC: A procedural document must be interpreted according to its title and content; if a petition clearly requests restoration of a deadline and meets formal requirements, a court cannot reclassify it as a different type of appeal.

Keywords

AI generated
procedural misclassification restoration of deadline appeal period extension civil procedure code court jurisdiction error

Cited Legislation

AI generated
Art. 169 § 1 KPC
Art. 371 § 1 KPC
Art. 386 § 3 KPC
Art. 355 KPC
Art. 39319 KPC

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