Legislator Case Law & Legislation
I PKN 121/97 AI generated

Supreme Court dismisses appeal as appeal against procedural order is not a final decision ending proceedings.

Case Number I PKN 121/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the defendants against the second-instance court's order rejecting their request to extend the deadline for requesting a written justification. The defendants argued that the lower court failed to address the appeal within the scope of the challenge, but the court held that such procedural orders are not final decisions ending the proceedings. Consequently, the Supreme Court ruled that cassation is inadmissible because the appealed order did not conclude the case as a whole.

Legislator headnote

AI generated

Art. 392 § 1 KPC; Art. 357 § 1 KPC; Art. 394 § 2 KPC; Art. 394 § 1 KPC; Art. 393 § 8 KPC; Art. 393 § 5 KPC: Cassation is inadmissible against procedural orders that do not conclude the proceedings, as only final decisions ending the case may be subject to cassation.

Keywords

AI generated
cassation inadmissibility final decision requirement procedural order appeal written justification request termination of proceedings second instance court civil procedure code

Cited Legislation

AI generated
art. 392 § 1 KPC
art. 357 § 1 KPC
art. 394 § 2 KPC
art. 394 § 1 KPC
art. 393 § 8 KPC
art. 393 § 5 KPC

Cited Case Law

AI generated
I CKN 7/96 (OSNC 1997 z. 3 poz. 31)

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