Legislator Case Law & Legislation
II UZ 118/99 AI generated

Supreme Court holds lower court lacks jurisdiction to dismiss cassation; only second instance or Supreme Court may rule on admissibility.

Case Number II UZ 118/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
cassation admissibility jurisdiction of first instance second instance court Civil Procedure Code remand of proceedings

Cited Legislation

AI generated
art. 392 § 1 KPC
art. 393 § 4 KPC
art. 3935 KPC
art. 3938 § 1 KPC
art. 39318 KPC
art. 386 § 4 KPC
art. 397 § 2 KPC

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