Supreme Court dismisses lawyer's appeal claiming Article 1302 § 3 of CPC discriminates against legal professionals regarding fixed court fees.
Legislator summary
AI generatedThe Supreme Court dismissed the lawyer's appeal against a lower court's rejection of a social security pension claim due to unpaid filing fees. The appellant argued that Article 1302 § 3 of the Civil Procedure Code discriminated against lawyers by automatically rejecting their unfeesed appeals without notice, unlike other parties. The court ruled that the provision does not discriminate because the automatic rejection for non-payment of fixed fees was already established in the previous Civil Procedure Code, merely updated with new fee amounts.
Legislator headnote
AI generatedArt. 1302 § 3 k.p.c.; Art. 36 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych: The automatic rejection of an appeal filed by a lawyer without payment of a fixed court fee does not constitute discrimination against legal professionals, as this sanction was already present in the previous Civil Procedure Code.