Legislator Case Law & Legislation
I PKN 154/99 AI generated

Plaintiff's appeal dismissed; lack of representation requires formal complaint to allow retrial under Polish Civil Procedure Code.

Case Number I PKN 154/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's request for a retrial, ruling that the defendant's lack of proper legal representation did not warrant a new trial. Although the defendant's lawyer was absent from the final hearing, the court found the complaint was not formally lodged as required by law. Consequently, the lower courts' decision to reject the retrial request was upheld, and the case was returned to the district court.

Legislator headnote

AI generated

Art. 401 pkt 2 KPC; Art. 222 KPC: A defect of lack of proper representation justifying a retrial is only admissible if formally and substantively raised as a complaint to allow the court to examine it.

Keywords

AI generated
lack of proper representation formal complaint requirement retrial under KPC legal counsel absence validity of proceedings

Cited Legislation

AI generated
art. 401 pkt 2 KPC
art. 222 KPC
art. 393 § 1 KPC
art. 412 § 1 KPC

Cited Case Law

AI generated
III CRN 355/73
III CZP 125/91

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