Supreme Court dismisses appeal when lawyer fails to pay basic court fee without summons. Failure to pay basic fee by counsel mandates immediate dismissal under CPC. Court clarifies statutory interpretation of fee obligations for legal representatives.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the appellate court's decision to reject a cassation petition filed by a lawyer without payment of the basic court fee. The appellant argued that the Civil Procedure Code only mandates dismissal for failure to pay fixed or proportional fees, not basic fees, and that the lawyer should have been summoned to pay. The court ruled that the term 'fixed fee' in the Civil Procedure Code encompasses basic fees paid by professionals, meaning immediate dismissal is required without a summons.
Legislator headnote
AI generatedArt. 11 ust. 1 pkt 1-3; Art. 1302 § 3 k.p.c.; Art. 35 ust. 1 pkt 1; Art. 14 ust. 1; Art. 14 ust. 2; Art. 36 ust. 1; Art. 100 ust. 2 ustawy o kosztach sądowych w sprawach cywilnych: The failure of a lawyer or advocate to pay the basic court fee without a summons results in the automatic dismissal of the appeal or cassation petition under Art. 1302 § 3 of the Civil Procedure Code.