III RN 87/97
AI generated
Supreme Court allows appeal by extending deadline to next working day if it falls on a statutory holiday.
Legislator summary
AI generatedThe Supreme Court of Poland overturned a lower administrative court's dismissal of a customs duty refund appeal filed after the statutory deadline. The appellant argued that the deadline expired on a day declared a general holiday by government regulation, during which postal offices were closed. The Court held that since the law intended to guarantee procedural rights without forcing parties to act on days they are legally exempt from work, the deadline must be extended to the next working day.
Legislator headnote
AI generatedArt. 165 § 1 KPC; Art. 115 KC: If a procedural deadline expires on a day legally recognized as a day off from work, the deadline is deemed to expire on the next working day.
Keywords
AI generated
procedural deadline extension
statutory holiday
administrative appeal
customs duty refund
postal office closure
general holiday regulation
Supreme Court ruling
Cited Legislation
AI generatedArt. 165 § 1 KPC
Art. 115 KC
Art. 57 § 4 KPA
Art. 108 § 3 KPK
Art. 236 ust. 2 Konstytucji Rzeczypospolitej Polskiej
Art. 10 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego
art. 393 15 KPC
art. 236 ust. 2 Konstytucji
Cited Case Law
AI generatedI KZP 20/96
III CZP 81/87