Legislator Case Law & Legislation
I PZ 55/00 AI generated

Supreme Court dismisses cassation appeal when appeal value exceeds original appeal subject matter value.

Case Number I PZ 55/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's cassation appeal against the district court's decision rejecting the plaintiff's appeal. The defendant argued that the subject matter value for cassation should be the full claim amount of 5,597.46 PLN, citing the relevant procedural code article. The court ruled that the value must strictly correspond to the specific portion of the judgment appealed, which was only 2,798.73 PLN, thereby validating the lower court's assessment.

Legislator headnote

AI generated

Art. 393 pkt 1 KPC; The value of the subject matter of a cassation appeal cannot exceed the value of the subject matter of the appeal from which the cassation is lodged.

Keywords

AI generated
cassation appeal subject matter value procedural code appeal scope judgment portion dismissal of appeal civil procedure

Cited Legislation

AI generated
Art. 393 pkt 1 KPC
Art. 378 § 1 KPC
Art. 385 KPC

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