Legislator Case Law & Legislation
III SPP 19/06 AI generated

Supreme Court dismisses delay complaint as moot after final judgment rendered before complaint hearing.

Case Number III SPP 19/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's complaint regarding excessive procedural delay because the appeal court had already issued a final judgment before the complaint was heard. The applicant argued that the proceedings had dragged on for eight years without rational justification, but the court noted that the purpose of such a complaint is to stop ongoing delays. Since the case was resolved by a final verdict, the complaint became legally moot and could no longer serve its intended function.

Legislator headnote

AI generated

Art. 2 ust. 1, 2 ustawy z dnia 17 czerwca 2004 r. o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; Art. 355 § 1 k.p.c.: A complaint for delay is inadmissible if the underlying proceedings have concluded with a final judgment, rendering the claim moot.

Keywords

AI generated
mootness of delay complaint final judgment precludes review procedural delay statute inadmissible complaint termination of proceedings

Cited Legislation

AI generated
Art. 2 ust. 1, 2 of the Act of 17 June 2004 on complaints for violation of the right to a speedy trial
Art. 355 § 1 of the Code of Civil Procedure
art. 355 § 1 k.p.c

Cited Case Law

AI generated

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