I PZ 42/01
AI generated
Supreme Court dismissed appeal against rejection of inadmissible cassation as appeal not admissible against Supreme Court rulings.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 39318 § 1 KPC
Art. 3935 KPC
Art. 3933 § 1 pkt 3 KPC