Legislator Case Law & Legislation
I PZ 42/01 AI generated

Supreme Court dismissed appeal against rejection of inadmissible cassation as appeal not admissible against Supreme Court rulings.

Case Number I PZ 42/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against its own decision rejecting a cassation as inadmissible. The appellant argued that since the lower court should have rejected the inadmissible cassation, the appellant should retain the right to appeal that rejection. The court held that the appeal is only admissible against rulings from the court of second instance, not the Supreme Court, which acts merely as a supervisory body.

Legislator headnote

AI generated

Art. 39318 § 1 KPC; Art. 3935 KPC: An appeal against a decision rejecting a cassation is admissible only against a ruling of the court of second instance, not the Supreme Court, which acts solely as a supervisory organ.

Keywords

AI generated
cassation inadmissibility appeal admissibility Supreme Court jurisdiction second instance ruling procedural bar

Cited Legislation

AI generated
Art. 39318 § 1 KPC
Art. 3935 KPC
Art. 3933 § 1 pkt 3 KPC

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