Legislator Case Law & Legislation
II UZ 60/04 AI generated

Supreme Court allows appeal when lower court dismisses it for missing legal grounds, ruling the appeal itself contains sufficient grounds.

Case Number II UZ 60/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of the appellant's cassation appeal. The appellant argued that the lower court's decision obviously violated rights within the scope of appeal, while the appellate court rejected the appeal as inadmissible for failing to meet specific formal requirements. The Supreme Court held that since the cassation petition itself contained the necessary legal grounds, the appellate court lacked the authority to dismiss it based on procedural defects.

Legislator headnote

AI generated

Art. 3933 § 1 pkt 3 k.p.c.; Art. 3937 § 1 k.p.c.: If a cassation appeal meets the formal requirements of Art. 3933 § 1 and § 2 k.p.c., it cannot be rejected by the appellate court, as the decision on its admissibility belongs exclusively to the Supreme Court.

Keywords

AI generated
cassation appeal admissibility appellate court jurisdiction formal requirements cassation obvious violation of law scope of appeal rights

Cited Legislation

AI generated
Art. 3933 § 1 pkt 3 k.p.c.
Art. 3937 § 1 k.p.c.
Art. 386 § 1 k.p.c.
Art. 397 § 2 k.p.c.
Art. 39318 § 1 i § 2 k.p.c.
art. 3933 § 1 pkt 3 k.p.c
art. 393 k.p.c

Cited Case Law

AI generated

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