III SPP 95/05
AI generated
Supreme Court dismissed appeal on procedural delay due to late filing and lack of specific facts.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's complaint regarding procedural delay in inter-instance proceedings. The appellant failed to provide specific circumstances justifying the claim or identify the exact delays causing the delay. Consequently, the court ruled that the complaint was inadmissible because it was filed too late and lacked the required factual basis.
Legislator headnote
AI generatedArt. 6 ust. 2 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; A complaint for procedural delay must be filed within the proceedings and must specify the circumstances causing the delay, otherwise it is inadmissible.
Keywords
AI generated
procedural delay
inter-instance proceedings
inadmissible complaint
late filing
lack of specific facts
procedural delay statute
interim compensation
Cited Legislation
AI generatedArt. 6 ust. 2 of the Act of June 17, 2004 on complaints for violation of the right of a party to have a case heard in court proceedings without unjustified delay
Art. 9 ust. 1 of the Act of June 17, 2004 on complaints for violation of the right of a party to have a case heard in court proceedings without unjustified delay
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 109/04
Supreme Court rules labor dispute delay complaints are free from court fees under special labor law provisions.