Legislator Case Law & Legislation
II UZ 121/03 AI generated

Supreme Court dismisses appeal against appellate court's dismissal of jurisdiction objection in civil proceedings.

Case Number II UZ 121/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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