Legislator Case Law & Legislation
I PZ 21/98 AI generated

Supreme Court allows cassation against second-instance dismissal of appeal against termination order under Civil Procedure Code.

Case Number I PZ 21/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's dismissal of a cassation appeal regarding a procedural termination order. The appellant argued that the second-instance court created a logical contradiction by first hinting at cassation rights before rejecting the appeal as inadmissible. The court held that a second-instance decision dismissing an appeal against a termination order effectively ends the proceedings, thereby making it subject to cassation under Article 392 of the Civil Procedure Code.

Legislator headnote

AI generated

Art. 392 KPC; Art. 393 § 5 KPC: A decision by the court of second instance dismissing an appeal against a termination order constitutes a final ruling closing the proceedings and is therefore subject to cassation.

Keywords

AI generated
cassation admissibility termination of proceedings second instance decision Civil Procedure Code procedural closure appeal dismissal final ruling

Cited Legislation

AI generated
art. 392 KPC
art. 393 § 5 KPC
art. 386 § 4 KPC
art. 397 KPC
art. 398 § 18-19 KPC

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