Legislator Case Law & Legislation
I PKN 879/00 AI generated

Supreme Court dismissed cassation for missing essential elements under Civil Procedure Code Art. 393 and 3933.

Case Number I PKN 879/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the defendant against the appellate court's judgment. The appellant submitted the cassation petition through a transport company, but the court found it lacked essential elements required by law to constitute a valid cassation. Consequently, the court ruled that the defect was irreparable and the appeal was rejected without giving the appellant an opportunity to correct the omission.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 3933 § 1 pkt 3 KPC: A cassation appeal lacking essential elements defined in Art. 393 § 1 KPC is rejected ab initio without the possibility of correction.

Keywords

AI generated
cassation appeal essential elements Civil Procedure Code irreparable defect ab initio rejection procedural requirement supreme court

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 3933 § 1 pkt 3 KPC
Art. 3937 § 2 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text