Legislator Case Law & Legislation
II UZ 98/99 AI generated

Supreme Court dismisses appeal for inadmissible cassation where time extension request fails due to lack of procedural consequences.

Case Number II UZ 98/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a lower court's rejection of a cassation request and a subsequent request to restore the filing deadline. The appellant argued that the case involved legal questions regarding pension calculation rather than a monetary claim, and that a deadline extension should not depend on the admissibility of the cassation itself. The court ruled that the appeal was inadmissible because the cassation was rejected due to the value of the subject matter being below the statutory threshold, meaning the time extension request had no procedural consequences under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 168 § 2 KPC; Art. 393 KPC: A request to restore a deadline for filing an inadmissible cassation is inadmissible if the missed deadline does not entail negative procedural consequences.

Keywords

AI generated
cassation admissibility value of subject matter restoration of deadline procedural consequences civil procedure code

Cited Legislation

AI generated
Art. 168 § 2 KPC
Art. 393 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 171 KPC

Cited Case Law

AI generated

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