Supreme Court dismisses complaint on procedural delay caused by court's own scheduling adjustment after rejecting prior complaint.
Legislator summary
AI generatedThe Supreme Court dismissed Alfred S.'s complaint alleging unreasonable delay in the appellate proceedings before the Poznań Court of Appeal. The appellant argued that the trial date was set eight months after the case files arrived, citing his health issues, while the court explained the delay resulted from the appellant's own prior complaint on delay which forced a transfer to the Supreme Court and subsequent return of files. The court held that the initial scheduling was timely and the rescheduling was objectively necessary due to the appellant's procedural actions, thus finding no violation of the right to a speedy trial.
Legislator headnote
AI generatedArt. 398 ust. 1 k.p.c.; Art. 8 ust. 2, Art. 12 ust. 1 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki: A complaint alleging procedural delay is inadmissible if the delay was caused by the complainant's own prior complaint on delay or by objectively necessary adjustments to the trial schedule resulting from such procedural actions.