Legislator Case Law & Legislation
I PKN 794/00 AI generated

Supreme Court dismisses appeal as obviously groundless due to citation of inapplicable procedural rules.

Case Number I PKN 794/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland refused to accept the appellant's cassation appeal for review, deeming it obviously groundless under Article 393 of the Civil Procedure Code. The appellant cited Article 469 KPC regarding the withdrawal of the lawsuit, arguing the court failed to consider the withdrawal's impact on her interests. The court determined this citation was invalid because Article 469 KPC did not apply to the appeal proceedings where the first-instance suit had already been dismissed.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 393 § 3 KPC: A cassation appeal is considered obviously groundless if the appellant cites incorrect or insufficient provisions, or if a preliminary assessment shows no basis for review, warranting the Supreme Court's refusal to accept the appeal.

Keywords

AI generated
cassation appeal obviously groundless Civil Procedure Code inapplicable provision dismissal of appeal procedural error withdrawal of suit

Cited Legislation

AI generated
art. 393 § 1 KPC
art. 393 § 3 KPC
art. 128 KPC
art. 394 § 3 KPC
art. 469 KPC

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