Legislator Case Law & Legislation
I PZ 60/99 AI generated

CPC appeal barred against interlocutory ruling on immediate enforceability in civil proceedings.

Case Number I PZ 60/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against the appellate court's decision suspending the immediate enforceability of a default judgment. The plaintiff argued the ruling was part of the main trial and thus appealable, while the appellate court incorrectly cited execution procedure rules. The court clarified that immediate enforceability is a feature of the trial phase, not execution, and since the ruling did not conclude the case, no appeal was permitted.

Legislator headnote

AI generated

Art. 392 § 1 KPC; Art. 7751 § 1, 2 KPC: A ruling by the court of second instance regarding immediate enforceability does not conclude the proceedings and is therefore not subject to appeal.

Keywords

AI generated
immediate enforceability civil proceedings appeal admissibility default judgment second instance ruling Kodeks postępowania cywilnego interlocutory decision

Cited Legislation

AI generated
art. 392 § 1 KPC
art. 7751 § 1 KPC
art. 7751 § 2 KPC
art. 393 § 18 KPC
art. 397 § 2 KPC
art. 385 KPC
art. 333 § 1 pkt 3 KPC

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