Supreme Court holds lower court lacks jurisdiction to dismiss cassation; only second instance or Supreme Court may rule on admissibility.
Legislator summary
AI generatedThe Supreme Court of Poland declared the first-instance court's decision to dismiss the cassation inadmissible and remanded the case to the second-instance court. The applicant, a disabled worker seeking pension rights, challenged the second-instance court's rejection of his cassation as procedurally improper under the Civil Procedure Code. The court ruled that only the court issuing the contested judgment or the Supreme Court itself possesses the authority to evaluate cassation admissibility, thereby stripping the first-instance court of this power.
Legislator headnote
AI generatedArt. 392 § 1 KPC; Art. 393 § 4 KPC; Art. 3935 KPC; Art. 3938 § 1 KPC; Art. 39318 KPC: The court of first instance lacks jurisdiction to dismiss a cassation on grounds of inadmissibility; such authority belongs exclusively to the court of second instance or the Supreme Court.