Legislator Case Law & Legislation
I BP 1/05 AI generated

Supreme Court dismisses appeal against its own final judgment as inadmissible under procedural law.

Case Number I BP 1/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Inadmissible

Legislator summary

AI generated

The Supreme Court rejected an appeal challenging the legality of its own final judgment regarding a railway compensation dispute. The plaintiff argued the lower court's decision violated specific privatization laws, but the Supreme Court clarified that such appeals only target second-instance rulings. Consequently, the court ruled the appeal inadmissible because it cannot legally challenge a Supreme Court decision that has already concluded the proceedings.

Legislator headnote

AI generated

Art. 4241 § 1 k.p.c.; Art. 4241 § 3 k.p.c.: An appeal for a ruling on the unconstitutionality of a final judgment is inadmissible against a Supreme Court decision because such decisions conclude the proceedings and cannot be the subject of this specific remedy.

Keywords

AI generated
appeal against final judgment Supreme Court jurisdiction procedural inadmissibility finality of judgment civil procedure code

Cited Legislation

AI generated
Art. 4241 § 1 k.p.c.
Art. 4241 § 3 k.p.c.
Art. 4248 § 1 k.p.c.
Art. 4245 § 1 k.p.c.
art. 4241 § 1 k.p.c
art. 4241 § 3 k.p.c
art. 4241 § 2 k.p.c
art. 4248 § 1 k.p.c
art. 4245 § 1 k.p.c

Cited Case Law

AI generated

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