Legislator Case Law & Legislation
I PZ 6/01 AI generated

Supreme Court dismissed appeal on civil procedure code applicability to post-2000 judgments based on judgment date.

Case Number I PZ 6/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal regarding the applicability of the Civil Procedure Code to a second-instance judgment rendered after July 1, 2000. The appellant argued that the pre-2000 version of the code applied because the underlying claim was adjudicated in June 2000, while the opposing party contended the new code governed the appeal process. The court ruled that the date of the second-instance judgment determines the applicable procedural code, thereby validating the lower court's dismissal based on the new code's higher monetary threshold.

Legislator headnote

AI generated

Art. 5 ust. 2 ustawy z dnia 24 maja 2000 r. o zmianie ustawy - Kodeks postępowania cywilnego; Art. 392 KPC; The date of the second-instance judgment determines the applicable procedural code for appeals, overriding the date of the initial claim adjudication.

Keywords

AI generated
Civil Procedure Code Second Instance Judgment Applicable Law Appeal Admissibility Monetary Threshold Statutory Transition Procedural Law

Cited Legislation

AI generated
Art. 5 ust. 2 of the Act of May 24, 2000 on amending the Civil Procedure Code
Art. 392 of the Civil Procedure Code
Art. 385 of the Civil Procedure Code
Art. 397 § 2 of the Civil Procedure Code
Art. 393 § 19 of the Civil Procedure Code

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