I UZ 37/05
AI generated
Supreme Court quashes appeal rejection for filing a time restoration request while the appeal deadline was still open.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision rejecting the appellant's appeal due to a missed deadline. The appellant had filed a request to restore the time limit while the original deadline for the appeal was still open, arguing the lower court erred in treating the request as untimely. The court held that filing a time restoration request during an open appeal period is unnecessary and procedurally invalid, rendering the appeal rejection based on the missed deadline legally unfounded.
Legislator headnote
AI generatedArt. 169 k.p.c.; Art. 373 k.p.c.; A request to restore a time limit filed while the original procedural deadline remains open is inadmissible and does not justify the rejection of the substantive appeal.
Keywords
AI generated
time restoration request
procedural deadline
appellate review
missed filing period
inadmissible filing
Cited Legislation
AI generatedArt. 169 k.p.c.
Art. 373 k.p.c.
Art. 380 k.p.c.
Art. 398 § 1 k.p.c.
Art. 394 § 3 k.p.c.
art. 169 k.p.c
art. 373 k.p.c
art. 369 § 2 k.p.c
art. 168 § 1 k.p.c
art. 370 k.p.c