Supreme Court dismissed delay claim where appellate court reversed first instance verdict and remanded case.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim regarding the excessive length of proceedings before the Court of Appeal in Katowice. The plaintiff argued that the appellate court should have issued a reformatory judgment instead of overturning the first-instance verdict and remanding the case for a new trial. The court ruled that the appellate court could have resolved the evidentiary issues without remanding, as the first-instance evidence was sufficient and the delay was attributable to the appellate court's own procedural choices.
Legislator headnote
AI generatedArt. 386 § 4 k.p.c.; Art. 12 ust. 2, 4 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy bez nieuzasadnionej zwłoki: The unreasonably long duration of proceedings may justify a complaint against delay even if the appellate court's decision to revoke the first-instance judgment and remand the case for a new trial was not strictly required by law.