Legislator Case Law & Legislation
I PKN 22/98 AI generated

Cassation dismissed; pre-trial address change notification does not apply to service of default judgments.

Case Number I PKN 22/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The cassation appeal was dismissed because the defendant failed to notify the court of an address change before the proceedings commenced. The defendant argued that service of the default judgment was invalid due to a discrepancy between the registered address and the actual business location. The Supreme Court ruled that Article 136 of the Civil Procedure Code governs in-trial notifications, not pre-trial ones, and that service on the registered address was legally sufficient.

Legislator headnote

AI generated

Art. 133 § 2a, 2b KPC; Art. 136 § 1 KPC: The obligation to notify the court of a change of address applies only during proceedings, not before their initiation; therefore, service on the registered address remains valid for default judgments.

Keywords

AI generated
service of process default judgment address change notification civil procedure code cassation appeal registered office valid service

Cited Legislation

AI generated
art. 133 § 2a KPC
art. 133 § 2b KPC
art. 136 § 1 KPC
art. 167-172 KPC
art. 393 § 11 KPC
art. 393 § 12 KPC

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