Supreme Court dismissed appeal; joint liability does not create necessary co-participation for appeal admissibility.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's appeal regarding the admissibility of a cassation in a joint liability case. The lower court rejected the appeal because the value of the claim against each defendant individually was under 10,000 zloty. The Court ruled that while the defendants shared liability based on the same legal basis, this constituted material co-participation rather than necessary co-participation, meaning the appeal value must be assessed separately for each defendant.
Legislator headnote
AI generatedArt. 3921 § 1 k.p.c.; Art. 72 § 2 k.p.c.: In cases of material co-participation where parties are bound by the same factual and legal basis, the value of the subject matter for appeal admissibility must be assessed separately for each defendant, and joint claims do not aggregate to meet the monetary threshold.