Legislator Case Law & Legislation
III AO 32/01 AI generated

Supreme Court dismisses appeal for retrial as no statutory ground exists for lack of counsel presence.

Case Number III AO 32/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiffs' appeal for retrial regarding a payment claim against a coal mine. The plaintiffs argued that the proceedings were invalid because their legal representative neglected to attend the final hearing before the Supreme Court. The court rejected this claim because the appeal lacked a specific statutory basis for retrial under the Civil Procedure Code. Since the alleged issue concerned the conduct of a properly authorized agent rather than a procedural defect voiding the trial, the request for retrial was inadmissible.

Legislator headnote

AI generated

Art. 407, 410 § 1, 401, 403 KPC: An appeal for retrial must rest on a statutory ground; a mere suggestion of invalidity due to a lawyer's negligence without meeting the criteria for voidness under Art. 401 § 2 KPC does not constitute a valid basis for retrial.

Keywords

AI generated
appeal for retrial statutory ground requirement legal representative negligence procedural voidness Civil Procedure Code

Cited Legislation

AI generated
Art. 407 KPC
Art. 410 § 1 KPC
Art. 401 KPC
Art. 403 KPC
Art. 379 pkt. 2 KPC

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