Legislator Case Law & Legislation
I PZ 50/99 AI generated

Supreme Court dismisses rejection of appeal due to unclear value calculation under Polish Civil Procedure Code.

Case Number I PZ 50/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland revoked the District Court's decision rejecting the appellant's appeal on procedural grounds. The lower court had dismissed the appeal because the appellant failed to clarify the disputed value within the required timeframe, citing a discrepancy between the appeal and the appeal petition. The Supreme Court ruled that the rejection was premature because the appellant had not definitively established whether the value fell below the five-thousand-zloty threshold, necessitating a remand for further fact-finding.

Legislator headnote

AI generated

Art. 25 § 1 KPC; Art. 393 pkt 1 KPC; Art. 393 § 18 KPC; Art. 393 § 19 KPC; Art. 386 § 4 KPC: An appeal must be rejected for lack of value if the disputed amount is not clearly established below the statutory threshold, requiring the court to verify the figure before dismissing the procedural objection.

Keywords

AI generated
Polish Civil Procedure Code value of dispute threshold procedural dismissal grounds appeal admissibility remand for fact-finding

Cited Legislation

AI generated
Art. 25 § 1 KPC
Art. 393 pkt 1 KPC
Art. 393 § 18 KPC
Art. 393 § 19 KPC
Art. 386 § 4 KPC

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