Appeal without signature rejected; incomplete court summons fulfillment bars supplementary appeal correction under Polish Civil Procedure Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the legal question regarding whether an unsigned supplementary appeal document qualifies for correction under Article 130 of the Civil Procedure Code. The lower court rejected the appeal because the lawyer failed to sign the document required to specify the subject matter value, despite the court's summons. The Supreme Court ruled that improper fulfillment of a court summons constitutes a failure to cure the defect, thereby excluding the possibility of applying the correction mechanism.
Legislator headnote
AI generatedArt. 368 § 2 k.p.c.; Art. 130 § 1 i 2 k.p.c.; Art. 370 k.p.c.: An improperly fulfilled summons to cure an appeal defect, such as the absence of a signature, constitutes a failure to cure the defect, precluding the application of the supplementary appeal correction procedure.