Legislator Case Law & Legislation
II UKN 291/99 AI generated

Polish Supreme Court dismisses appeal due to insufficient valuation of the subject matter under Civil Procedure Code.

Case Number II UKN 291/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal because the lower court failed to verify the value of the subject matter as required by law. The appellant requested a higher pension, but the cassation petition only stated the desired amount without providing the calculation method or basis. The court ruled that the second-instance court must check the valuation to prevent abuse of the cassation procedure.

Legislator headnote

AI generated

Art. 393 pkt 1 KPC; Art. 3933 KPC: The value of the subject matter of the appeal must be determined in a manner enabling the court to verify it; failure to do so renders the cassation inadmissible.

Keywords

AI generated
cassation admissibility value of subject matter Civil Procedure Code pension increase calculation method second instance court inadmissible appeal

Cited Legislation

AI generated
Art. 393 pkt 1 KPC
Art. 3933 KPC
Art. 130 § 2 KPC
Art. 3935 KPC
Art. 3938 § 1 KPC

Cited Case Law

AI generated

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