Legislator Case Law & Legislation
II UZ 124/00 AI generated

Supreme Court allows appeal review of appeal court's calculation of appeal subject value under Civil Procedure Code rules.

Case Number II UZ 124/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the appeal court's decision to reject the claim as inadmissible due to an insufficient appeal subject value. The appellant's lawyer failed to specify the value initially and later calculated it incorrectly by comparing the wrong benefit amounts, resulting in a figure below the 5,000 zł threshold. The court ruled that the appeal court was correct to verify the value calculation under the Civil Procedure Code, finding the appellant's figures erroneous and the final calculated value still insufficient to permit the appeal.

Legislator headnote

AI generated

Art. 393 pkt 1 KPC; Art. 19-24 KPC: The appeal court must verify the appellant's stated value of the appeal subject if it is based on incorrect calculations or facts, and the appeal is inadmissible if the verified value remains below the statutory threshold.

Keywords

AI generated
cassation appeal value of appeal subject Civil Procedure Code inadmissible appeal benefit calculation statutory threshold verification of value

Cited Legislation

AI generated
Art. 393 pkt 1 KPC
Art. 19-24 KPC
Art. 385 KPC
Art. 3938 § 1 KPC
Art. 3935 KPC
Art. 3933 in fine KPC
Art. 10 of the Act on the Provision for Disabled Veterans and Servicemen and their Families

Cited Case Law

AI generated

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