Legislator Case Law & Legislation
II PZ 53/06 AI generated

Supreme Court dismisses appeal for failure to request judgment with reasoning, halting appeal period.

Case Number II PZ 53/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against a lower court's rejection of her cassation complaint. The plaintiff's lawyer had requested only the reasoning of the judgment, not the judgment itself with reasoning. The court held that a request for reasoning cannot be equated with a request for the judgment with reasoning under the Civil Procedure Code. Consequently, the mandatory two-month period for filing a cassation complaint, which runs from the receipt of the judgment with reasoning, never began, rendering the late filing inadmissible.

Legislator headnote

AI generated

Art. 387 § 3 k.p.c.; Art. 3985 § 1 k.p.c.: A request for the reasoning of a judgment cannot be equated with a request for the judgment with reasoning; the appeal period commences only upon receipt of the judgment with reasoning.

Keywords

AI generated
cassation appeal judgment with reasoning appeal period civil procedure code legal representation procedural deadline inadmissible appeal

Cited Legislation

AI generated
Art. 387 § 3 k.p.c.
Art. 3985 § 1 k.p.c.
Art. 3981 § 4 k.p.c.
Art. 394 § 3 k.p.c.
art. 387 § 3 k.p.c
art. 3982 § 1 k.p.c
art. 3985 § 1 k.p.c
art. 387 k.p.c
art. 3986 § 2 k.p.c
art. 61 § 1 k.c

Cited Case Law

AI generated

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