Legislator Case Law & Legislation
II PZ 30/06 AI generated

Supreme Court dismissed appeal for non-appealable decision due to improper use of cassation instead of appeal.

Case Number II PZ 30/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a lower court's decision rejecting the appeal, noting the appellant filed a cassation complaint instead. The appellant, represented by a professional lawyer, failed to file a timely appeal against the second-instance court's order rejecting his appeal, incorrectly believing a cassation complaint was the proper remedy. The court ruled that because the appellant was a professional legal representative, he was bound to know the correct procedural remedy, rendering the cassation complaint inadmissible and the appeal against the rejection of cassation procedurally impossible to review.

Legislator headnote

AI generated

Art. 3941 § 2 k.p.c.; Art. 3981 § 1 k.p.c.; Art. 169 § 1-3 k.p.c.: A cassation complaint against a second-instance court's decision rejecting an appeal is inadmissible; a professional legal representative is presumed to know the correct appeal remedy and cannot claim ignorance to justify a procedural error.

Keywords

AI generated
cassation complaint inadmissibility professional legal representative improper appeal remedy procedural time limit second instance decision legal presumption of knowledge supreme court jurisdiction

Cited Legislation

AI generated
Art. 3941 § 2 k.p.c.
Art. 3981 § 1 k.p.c.
Art. 169 § 1-3 k.p.c.
art. 3941 § 2 k.p.c
art. 3981 k.p.c
art. 3981 § 1 k.p.c
art. 394 § 2 k.p.c
art. 3984 k.p.c
art. 322 k.p.c
art. 94 pkt 5 k.p

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