Legislator Case Law & Legislation
II UZ 39/99 AI generated

Supreme Court remands case for second instance to determine the value of the subject matter of appeal.

Case Number II UZ 39/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 393 pkt 1 KPC
Art. 22 KPC
Art. 25 KPC
Art. 39318 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text