Legislator Case Law & Legislation
III RN 87/97 AI generated

Supreme Court allows appeal by extending deadline to next working day if it falls on a statutory holiday.

Case Number III RN 87/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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 generated
I KZP 20/96
III CZP 81/87

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