Supreme Court dismissed appeal on civil procedure appeal rules regarding dismissal of proceedings.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the District Court's decision to dismiss the inter-instance proceedings. The appellant argued that a cassation filed after the deadline should be treated as an appeal under new procedural law, but the court held that the new law applies only to appeals, not to cassations. Consequently, the court ruled that the appeal was inadmissible because the underlying decision was a dismissal of a cassation, which is only appealable, not cassable.
Legislator headnote
AI generatedArt. 392 k.p.c.; Art. 39318 § 2 k.p.c.; Art. 3981 § 4 k.p.c. in conjunction with Art. 3941 § 3 k.p.c.; Art. 3 of the Act amending the Civil Procedure Code. A decision dismissing a cassation is appealable but not cassable; the new procedural law applies only to appeals, not to cassations, and erroneous labeling does not extend appeal deadlines.