Legislator Case Law & Legislation
II PZ 47/05 AI generated

Supreme Court allows appeal against dismissal of service request when court notice error excuses late filing.

Case Number II PZ 47/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the appellant's challenge to a lower court's dismissal of a request for service of judgment. The appellant argued that a telephone notification of the hearing date caused a mistake regarding the actual date, justifying the late submission of the service request. The court held that telephone notifications lack absolute certainty and that the appellant acted with due diligence by filing based on the notified date, thus the lower court's assessment was incomplete. Consequently, the decision rejecting the service request was set aside for remand, while the appeal regarding the inadmissible time restoration request was dismissed.

Legislator headnote

AI generated

Art. 472 k.p.c.; Art. 380 k.p.c.: Telephone notification of a hearing date may cause error regarding the date, justifying late filing of a service request; considering an appeal against a dismissal of a service request while simultaneously adjudicating an inadmissible request for time restoration requires setting aside or modifying that inadmissible decision.

Keywords

AI generated
telephone notification service of judgment time restoration due diligence remand for retrial inadmissible appeal hearing date error

Cited Legislation

AI generated
art. 472 k.p.c.
art. 380 k.p.c.
art. 233 § 1 k.p.c.
art. 398 § 1 k.p.c.
art. 394 § 3 k.p.c.
art. 472 k.p.c
art. 380 k.p.c
art. 387 § 3 k.p.c
art. 169 § 2 k.p.c
art. 3941 § 2 k.p.c

Cited Case Law

AI generated
postanowienie Sądu Najwyższego z dnia 17 maja 2002 r., I CZ 31/02

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text