Legislator Case Law & Legislation
I PZ 13/00 AI generated

Supreme Court dismisses appeal for non-appeal due to mischaracterization and improper filing venue.

Case Number I PZ 13/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the appellant's appeal because the document was incorrectly labeled as an appeal and filed with the wrong court. The appellant submitted a letter to the Court of Appeal instead of the Supreme Court and failed to identify it as a cassation petition. Consequently, the Supreme Court declared the proceedings void and set aside the lower court's rejection order.

Legislator headnote

AI generated

Art. 401 k.p.c.; Art. 402 k.p.c.: A cassation petition must be explicitly designated as such and filed with the Supreme Court; mischaracterizing it as an appeal and filing it with a lower court renders the proceedings inadmissible.

Keywords

AI generated
cassation petition requirements improper filing venue mischaracterized appeal inadmissible proceedings Supreme Court jurisdiction

Cited Legislation

AI generated
Art. 401 k.p.c.
Art. 402 k.p.c.

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