I PZ 18/06
AI generated
Partial court fee payment by lawyer results in dismissal of appeal without summons to pay remainder.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal because the lawyer paid the required court fee in a lower amount than mandated. The appellant argued that the court should have summoned them to pay the balance before rejecting the appeal, but the court found no legal basis for this argument. Consequently, the court ruled that paying a partial fee constitutes improper payment, triggering an automatic dismissal under the relevant procedural code.
Legislator headnote
AI generatedArt. 1302 § 3 k.p.c.; Art. 35 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych; Payment of a court fee in a lower amount than required constitutes improper payment of the document, leading to its rejection without a summons to pay the remaining part.
Keywords
AI generated
partial court fee payment
improper payment of document
dismissal without summons
professional legal representative
civil procedure code
Cited Legislation
AI generatedart. 1302 § 3 k.p.c.
art. 35 ust. 1 ustawy z dnia 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych
art. 1302 § 1 k.p.c.
art. 398 § 14 k.p.c.
art. 394 § 3 k.p.c.
art. 1302 § 3 k.p.c
art. 1302 § 1 k.p.c
art. 3941 § 3 k.p.c
Cited Case Law
AI generatedII UZP 11/06
Supreme Court ruled Art. 1302 § 3 CPC applies to appeals in social insurance cases requiring basic fees.
III CZP 109/06
Basic court fee is a fixed fee under CPC Art. 1302 § 3 for professional counsel.
II UZ 14/06
Supreme Court allows appeal by lawyer for missing basic fee, ruling it falls under 'fixed fee' concept.
III UK 100/06
V CSK 302/06
Cassation appeal dismissed because lawyer for fee-exempt party failed to pay basic court fee before filing.
V CZ 42/06
III CZP 83/06
Polish Supreme Court dismisses appeal when lawyer fails to round up civil court fees to full zloty.