II UZ 121/03
AI generated
Supreme Court dismisses appeal against appellate court's dismissal of jurisdiction objection in civil proceedings.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the appellate court's decision to reject a jurisdiction objection. The lower courts had dismissed the plaintiff's claim against a Norwegian company due to lack of Polish jurisdiction, which the Supreme Court correctly identified as a procedural matter handled by the appellate court. The court ruled that since the appellate court resolved this preliminary objection, no further appeal to the Supreme Court was permitted under the Civil Procedure Code.
Legislator headnote
AI generatedArt. 392, 393 § 2 in fine, 394 § 1 pkt 1 k.p.c.; A decision dismissing preliminary objections regarding lack of jurisdiction by the second-instance court is not appealable to the Supreme Court.
Keywords
AI generated
jurisdiction objection
appellate court decision
civil procedure code
dismissal of appeal
preliminary objection
second instance court
supreme court review
Cited Legislation
AI generatedArt. 392 k.p.c.
Art. 393 § 2 in fine k.p.c.
Art. 394 § 1 pkt 1 k.p.c.
Art. 220 k.p.c.
Art. 1099 k.p.c.
Art. 385 k.p.c.
Art. 397 § 2 k.p.c.
art. 1099 k.p.c
art. 1104 k.p.c
art. 1103 k.p.c