Supreme Court dismisses appeal on inadmissibility grounds, clarifying judge exclusion rules for inadmissible cassation.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the lower court's decision to reject the cassation as inadmissible. The appellant argued that the judge who heard the appeal case should have been excluded from the cassation panel and that the value threshold for admissibility should be calculated at the time of filing the initial lawsuit. The court ruled that rejecting a cassation for inadmissibility does not constitute a 'hearing' under the exclusion statute, allowing the participating judge to sit, and that the value threshold applies at the time of filing the cassation, not the initial suit. Consequently, the cassation was rejected for being inadmissible due to the value threshold and lack of substantive grounds.
Legislator headnote
AI generatedArt. 3935 k.p.c.; Art. 48 § 1 pkt 5 k.p.c.: The rejection of a cassation for inadmissibility does not constitute a 'hearing' of the case for the purpose of judicial exclusion, and the value threshold for admissibility is determined at the time of filing the cassation.