Legislator Case Law & Legislation
II PZ 33/06 AI generated

Cassation appeal dismissed because administrative enforcement rulings are not final judgments under civil procedure law.

Case Number II PZ 33/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the appellate court's decision rejecting the appeal against an administrative enforcement order. The appellant argued that the lower court's rulings were substantive judgments rather than procedural orders, yet the court held they were formal decisions under the Administrative Enforcement Act. Consequently, since no specific law permits a cassation appeal against such administrative enforcement rulings, the general rule of the Civil Procedure Code applies, rendering the appeal inadmissible.

Legislator headnote

AI generated

Art. 17 § 1 ustawy o postępowaniu egzekucyjnym w administracji; Art. 3981 k.p.c.: Administrative enforcement rulings are procedural orders, not final judgments, and thus a cassation appeal against them is inadmissible under the general rules of the Civil Procedure Code.

Keywords

AI generated
administrative enforcement procedure cassation appeal admissibility procedural order vs judgment administrative enforcement act civil procedure code

Cited Legislation

AI generated
Art. 17 § 1 of the Act on Enforcement Proceedings in Administration
Art. 3981 of the Code of Civil Procedure
Art. 47956 § 2 of the Code of Civil Procedure
Art. 30 ust. 4 of the Energy Law
Art. 7674 § 2 of the Code of Civil Procedure
art. 3981 k.p.c
art. 47956 § 2 k.p.c
art. 398 § 2 k.p.c
art. 316 § 1 k.p.c
art. 354 k.p.c

Cited Case Law

AI generated
IV SA 2596/97
III CZP 27/71

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