II UZ 39/99
AI generated
Supreme Court remands case for second instance to determine the value of the subject matter of appeal.
Legislator summary
AI generatedThe Supreme Court of Poland remanded the case to the Court of Appeal in Lublin to determine the value of the subject matter of appeal. The appellant argued that the appeal value was nearly nine thousand zlotys, while the lower court had dismissed the cassation based on a value under five thousand zlotys. The court ruled that the second instance court must explicitly state the determined value in its reasoning to allow for proper judicial review.
Legislator headnote
AI generatedArt. 393 pkt 1 KPC; Art. 22 KPC; Art. 25 KPC: The court of second instance is obligated to specify the value of the subject matter of appeal in its reasoning when dismissing a cassation under Art. 393(1) KPC, as this specification is necessary to enable the control of the decision's legality.
Keywords
AI generated
value of subject matter
cassation procedure
second instance court
judicial review
KPC appeal value
Cited Legislation
AI generatedArt. 393 pkt 1 KPC
Art. 22 KPC
Art. 25 KPC
Art. 39318 KPC