Legislator Case Law & Legislation
I PZ 15/06 AI generated

Supreme Court dismisses appeal; failure to state claim value invalidates appeal despite low fee limit.

Case Number I PZ 15/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the lower court's rejection of a cassation complaint. The appellant argued that the mandatory declaration of the claim's value was logically redundant since the value was already known in the case file and that the low fee limit of 30 zł exempted them from this requirement. The court ruled that the obligation to state the value is a distinct procedural prerequisite for admissibility in property disputes, independent of the fee calculation, and its absence justified the rejection.

Legislator headnote

AI generated

Art. 3982 § 1 k.p.c.; Art. 3984 § 2 k.p.c.: The obligation to declare the value of the subject matter of the appeal is mandatory for admissibility in property cases and is not waived by the statutory limit on the basic appeal fee.

Keywords

AI generated
cassation appeal admissibility value of subject matter labor law procedure procedural defect rejection appeal fee limit

Cited Legislation

AI generated
Art. 3982 § 1 k.p.c.
Art. 3984 § 2 k.p.c.
Art. 3986 § 1 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 383 k.p.c.
art. 3982 § 1 k.p.c
art. 3984 § 2 k.p.c
art. 3986 § 2 k.p.c
art. 130 §1 k.p.c
art. 3986 § 1 k.p.c

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