Supreme Court dismissed delay claim because fee payment started the two-month deadline and opposing party's procedural actions caused the delay.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Anna B.'s complaint alleging procedural delay in her property division case. The complainant argued that the state failed to provide efficient legal procedures, while the opposing party contended that numerous procedural requests, including requests to exclude judges and appeals, were the cause of the extended timeline. The court ruled that the two-month deadline for handling the complaint began only after the lawyer paid the fixed fee, and that the delay was attributable to the parties' own procedural activities rather than judicial inaction.
Legislator headnote
AI generatedUstawa z dnia 17 czerwca 2004 r. o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; Art. 11 ust. 1; Art. 2 ust. 1; Art. 12 ust. 2 i 3; The two-month period for handling a complaint begins from the date of paying the fixed fee, and a delay claim does not cover completed stages but only the current stage, where the complainant's own procedural actions may constitute the cause of delay.