I PZ 16/06
AI generated
Supreme Court allows appeal rejection on open session despite first instance rejection on closed session.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's complaint regarding the rejection of an appeal on an open session. The lower court rejected the appeal because it was filed by a lawyer without paying the required fee, a procedural defect that the first instance court had overlooked. The Supreme Court ruled that while the first instance court should have rejected the appeal on a closed session, the second instance court's decision to reject it on an open session did not violate the law.
Legislator headnote
AI generatedArt. 373 k.p.c.; Art. 1302 § 3 k.p.c.; The rejection of an appeal on an open session by the second instance court does not violate Art. 373 k.p.c. if the appeal was already subject to rejection by the first instance court for procedural reasons.
Keywords
AI generated
civil procedure law
appeal rejection
court session type
legal fee payment
second instance court
procedural defect
Supreme Court ruling
Cited Legislation
AI generatedArt. 373 k.p.c.
Art. 1302 § 3 k.p.c.
Art. 35 of the Act on Court Costs in Civil Matters
Art. 398 § 14 k.p.c.
Art. 394 § 3 k.p.c.
art. 373 k.p.c
art. 1302 § 3 k.p.c
art. 3701 k.p.c
art. 39814 k.p.c
art. 3941 § 3 k.p.c
Cited Case Law
AI generatedIII CKN 1118/98