Legislator Case Law & Legislation
I PKN 254/99 AI generated

Supreme Court dismisses appeal for rejecting appeal against appeal rejection decision.

Case Number I PKN 254/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal lodged by the defendants against the appellate court's decision rejecting their appeal. The appellate court incorrectly assumed the cassation targeted an earlier procedural order rather than the final order concluding the proceedings. The Supreme Court ruled that the defendants clearly identified the specific order they challenged, making the appellate court's finding of untimeliness erroneous.

Legislator headnote

AI generated

Art. 392 § 1 KPC; Art. 393 § 1 KPC: The Supreme Court must accept the order explicitly designated by the party as the subject of cassation, rejecting the lower court's assumption that a different order was intended.

Keywords

AI generated
cassation appeal procedural order timeliness requirement appellate court clear identification

Cited Legislation

AI generated
Art. 392 § 1 KPC
Art. 393 § 1 KPC
Art. 393 § 12 KPC
Art. 393 § 15 KPC
Art. 393 § 4 KPC

Cited Case Law

AI generated

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