I PKN 367/97
AI generated
Supreme Court dismissed cassation because the appealed order did not end the proceedings under Art. 392 § 1 KPC.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a regional court order rejecting a second appeal. The appellant argued that the regional court's order of April 9, 1997, was the final decision, but the court found the earlier order of February 4, 1997, was the only one concluding the proceedings. Consequently, the May 16, 1997, order rejecting the subsequent appeal was merely procedural and not subject to cassation.
Legislator headnote
AI generatedArt. 392 § 1 KPC; Art. 393 § 1, § 2 KPC: Cassation is admissible only against final judgments or orders concluding the proceedings; orders issued after the proceedings have ended do not conclude the case and are therefore inadmissible for cassation.
Keywords
AI generated
cassation admissibility
final order requirement
concluding proceedings
second instance judgment
procedural timeline
Cited Legislation
AI generatedArt. 392 § 1 KPC
Art. 393 § 1 KPC
Art. 393 § 2 KPC