Legislator Case Law & Legislation
I PKN 448/99 AI generated

Polish Supreme Court dismisses appeal for retrial, ruling appellate court erred by deciding on a closed session instead of a public hearing.

Case Number I PKN 448/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Polish Supreme Court dismissed the cassation appeal against an appellate court's decision to reject a motion for retrial. The appellant argued the lower court improperly decided the case on a closed session rather than a public hearing, and failed to address a new ground for retrial raised in the written petition. The Supreme Court held that the appellate court erred by ruling on the admissibility and merit of the retrial motion during a closed session, violating the principle of public hearings, and thus remanded the case for a proper hearing.

Legislator headnote

AI generated

Art. 410 § 1 KPC; Art. 411 KPC: A court must hold a public hearing to examine the admissibility and merits of a motion for retrial; deciding such a motion on a closed session violates the principle of public proceedings.

Keywords

AI generated
motion for retrial closed session public hearing principle of public proceedings appellate court jurisdiction cassation appeal civil procedure code

Cited Legislation

AI generated
art. 401 pkt 2 KPC
art. 402 pkt 3 KPC
art. 3931 pkt 2 KPC
art. 410 § 1 KPC
art. 411 KPC
art. 9 KPC

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