Legislator Case Law & Legislation
II UKN 230/00 AI generated

Supreme Court dismisses cassation on procedural grounds regarding non-existent appeal and inadmissible cost order.

Case Number II UKN 230/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the cassation against the appellate court's order rejecting the appeal and against the cost ruling. The appellant argued the first-instance judgment failed to address the merits, but the court found no such judgment existed because the appeal was inadmissible. Consequently, the court held that the appeal could not be rejected as a final procedural act, rendering the cassation against it procedurally invalid.

Legislator headnote

AI generated

Art. 393 pkt 5 KPC; Art. 370 KPC: An appeal against a non-existent judgment is inadmissible, and an order rejecting such an appeal does not constitute a final procedural decision subject to cassation.

Keywords

AI generated
inadmissible appeal non-existent judgment cassation inadmissibility cost order appeal procedural finality

Cited Legislation

AI generated
Art. 393 pkt 5 KPC
Art. 392 § 1 KPC
Art. 378 § 2 KPC
Art. 351 § 1 KPC
Art. 370 KPC
Art. 393 § 1 KPC

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