Legislator Case Law & Legislation
II PZ 45/05 AI generated

Plaintiff dismissed for filing cassation appeal before receiving reasoned judgment copy.

Case Number II PZ 45/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal because he failed to request the delivery of the reasoned judgment before the second-instance court's ruling. The plaintiff argued that judges who ruled on earlier procedural motions should be excluded from the cassation review under specific procedural articles. The court held that the statutory requirement for a reasoned judgment copy to start the appeal period is strict, and a request made before the judgment's announcement is procedurally premature and ineffective.

Legislator headnote

AI generated

Art. 3985 § 1 k.p.c.; Art. 387 § 3 k.p.c.: A party is not entitled to file a cassation appeal if they failed to request the delivery of the reasoned judgment within the prescribed period prior to the second-instance court's decision.

Keywords

AI generated
cassation appeal reasoned judgment procedural deadline second instance court premature request

Cited Legislation

AI generated
Art. 3985 § 1 k.p.c.
Art. 387 § 3 k.p.c.
Art. 48 § 1 pkt 5 k.p.c.
Art. 48 § 3 k.p.c.
Art. 39814 k.p.c.
Art. 3941 § 3 k.p.c.
art. 387 § 3 k.p.c
art. 48 § 1 pkt 5 k.p.c
art. 3985 § 1 k.p.c
art. 48 § 3 k.p.c

Cited Case Law

AI generated

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