III SPP 163/05
AI generated
Plaintiff's claim for damages due to procedural delay dismissed as no mental harm proven.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court confirmed the procedural delay in the appellate proceedings but dismissed the plaintiff's claim for monetary compensation. The plaintiff argued that the nine-month inaction caused severe stress and financial hardship, yet the court found no evidence of specific mental or moral injury. Consequently, the court ruled that compensation requires a proven violation of humanistic duties causing distinct psychological harm, which was not demonstrated.
Legislator headnote
AI generatedArt. 4 ust. 2 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy; Art. 12 ust. 3 ustawy: Compensation for procedural delay is only awarded if the claimant proves specific mental or moral harm caused by the delay.
Keywords
AI generated
procedural delay
compensation claim
mental harm
appellate proceedings
humanitarian duty
Cited Legislation
AI generatedArt. 4 ust. 2 of the Act on Complaints against the Right of a Party to Have a Case Heard without Unjustified Delay
Art. 12 ust. 3 of the Act on Complaints against the Right of a Party to Have a Case Heard without Unjustified Delay
Art. 397 § 2 of the Code of Civil Procedure
Art. 391 § 1 of the Code of Civil Procedure
art. 397 § 2 k.p.c
art. 391 § 1 k.p.c
Cited Case Law
AI generatedIV CSP 1/05
Supreme Court dismisses delay complaint due to expiration of six-month statutory filing period under new law.
I CSP 1/05
III SPP 120/05
Supreme Court dismissed appeal for delay as procedural remedy must stop delay, not award damages.
III SPP 162/05
III SPP 19/05
Supreme Court dismissed delay claim because fee payment started the two-month deadline and opposing party's procedural actions caused the delay.