Legislator Case Law & Legislation
II UZ 95/98 AI generated

Supreme Court allows appeal against dismissal of 'retrial complaint' as inadmissible cassation appeal.

Case Number II UZ 95/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a petition labeled a 'retrial complaint' as an inadmissible cassation appeal. The appellant argued that the lower court erred by treating the document as a cassation without requesting clarification, despite the appellant explicitly stating it was a retrial request. The court held that the appellate court failed to fulfill its duty to seek clarification under the Civil Procedure Code when the document's nature was ambiguous, thereby justifying the reversal.

Legislator headnote

AI generated

Art. 130, Art. 393 § 2 KPC; If a party appeals a dismissal of a cassation appeal by a document labeled a retrial complaint, the appellate court must request clarification of the document's nature; failure to do so constitutes a procedural error warranting the appeal's allowance.

Keywords

AI generated
cassation appeal admissibility retrial complaint distinction appellate court duty procedural clarification Civil Procedure Code

Cited Legislation

AI generated
Art. 393 § 2 KPC
Art. 407 KPC
Art. 410 § 1 KPC
Art. 130 KPC
Art. 393 § 3 KPC
Art. 393 § 4 KPC

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