Supreme Court allows cassation appeal by ruling a request for judgment copy is not a Supreme Court-related procedural act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned the Regional Court's dismissal of a cassation appeal filed by a company and an individual. The lower court rejected the appeal because the appellant failed to use a lawyer when submitting a request for the reasoned judgment of the second instance court, deeming this request a procedural act linked to the Supreme Court proceedings. The Supreme Court disagreed, establishing that the request for the judgment copy is a distinct act unrelated to the Supreme Court process itself, and that the initiation of cassation proceedings is solely the filing of the cassation appeal.
Legislator headnote
AI generatedArt. 387 § 3 k.p.c.; Art. 871 § 1 k.p.c.: A request for the delivery of a reasoned judgment of the court of the second instance is not a procedural act connected with proceedings before the Supreme Court; therefore, the requirement of mandatory legal representation under Art. 871 § 1 k.p.c. does not apply to such a request.