III SPP 76/05
AI generated
Supreme Court dismissed appeal on procedural delay, ruling it applies only to ongoing proceedings.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Zbigniew K.'s complaint regarding the excessive length of proceedings before the Poznań Court of Appeal. Although the applicant detailed delays dating back to 1993, the Court determined that the complaint was properly filed only against the current appellate stage. The Court ruled that the statutory remedy for procedural delay is ineffective against concluded lower-instance proceedings and applies solely to the active phase of the case.
Legislator headnote
AI generatedArt. 4 ust. 1, 2 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; The remedy for procedural delay applies exclusively to ongoing proceedings and cannot be used to challenge completed stages of litigation.
Keywords
AI generated
procedural delay complaint
Supreme Court jurisdiction
concluded proceedings
appellate stage
statutory remedy scope
Cited Legislation
AI generatedArt. 4 ust. 1, 2 of the Act of 17 June 2004 on complaints for violation of the right to have a case heard without undue delay
Art. 2 in conjunction with Art. 12 ust. 2 and 3 of the Act of 17 June 2004
Cited Case Law
AI generatedIII SPP 42/04
Supreme Court requires mandatory lawyer representation for delay complaints in civil proceedings.
III SPP 113/04
New delay complaint law applies to proceedings existing at its entry into force.
III SPP 115/04
New law on execution delay applies retroactively to delays existing at its entry into force.
III SPP 19/05
Supreme Court dismissed delay claim because fee payment started the two-month deadline and opposing party's procedural actions caused the delay.