III SPP 21/04
AI generated
Supreme Court dismissed complaint as statute covers only past delays, not future possible delays.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Jerzy D.'s complaint alleging procedural delay in the Gdańsk Court of Appeal. The applicant argued that the appeal period was set for the second quarter of 2005, creating a future delay after the statute's entry into force. The court ruled that the concept of unreasonable delay under the relevant Act applies only to delays that have already occurred, not those merely possible in the future.
Legislator headnote
AI generatedArt. 2 ust. 1 ustawy z 17 czerwca 2004 r. o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; The concept of unreasonable delay in the relevant proceedings does not encompass delays that may occur in the future but have not yet occurred.
Keywords
AI generated
procedural delay
unreasonable delay
future delay
complaint dismissal
statutory interpretation
Cited Legislation
AI generatedArt. 2 ust. 1 of the Act of 17 June 2004 on the complaint for violation of the right to have a case heard without unreasonable delay
Art. 12 ust. 2 of the Act of 17 June 2004 on the complaint for violation of the right to have a case heard without unreasonable delay