Supreme Court dismissed cassation, ruling costs must be split proportionally based on final case outcome, not calculated separately for withdrawn claims.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the proportional allocation of litigation costs under Article 100 of the Code of Civil Procedure. The plaintiff sought travel allowances totaling 77,208 PLN, but the lower court awarded only 20,408 PLN while dismissing the remainder, leading to a dispute over how to calculate cost sharing. The court held that costs must be assessed by comparing initial claims against the final awarded amount, rejecting the lower court's method of separate accounting for withdrawn and recognized claims.
Legislator headnote
AI generatedArt. 100 k.p.c.; The final allocation of litigation costs must be determined by comparing the plaintiff's initial claims with the amount finally awarded, rather than by separately calculating costs for withdrawn and recognized portions of the claim.