Legislator Case Law & Legislation
I PZ 25/06 AI generated

Supreme Court allows appeal against refusal to serve judgment with reasoning based on specific statutory citation.

Case Number I PZ 25/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court overturned the District Court's refusal to serve the judgment with reasoning to the opposing party. The lower court incorrectly treated a request citing Article 387 § 3 of the Civil Procedure Code as a request for the judgment text alone under Article 9. The Supreme Court held that the explicit statutory citation and timing demonstrated the lawyer's intent to obtain the reasoned judgment for appeal purposes, overriding minor formal inaccuracies.

Legislator headnote

AI generated

Art. 387 § 3 k.p.c.; Art. 9 k.p.c.; Art. 130 § 1 k.p.c.; Art. 394 § 3 k.p.c.; Art. 398 § 16 k.p.c.: A request for service of a court decision with reasoning, even if labeled as a request for the decision text, is valid if explicitly based on Article 387 § 3 of the Civil Procedure Code, provided the intent for appeal is clear.

Keywords

AI generated
service of judgment reasoned decision civil procedure code legal representation formal defects appeal preparation statutory citation

Cited Legislation

AI generated
Art. 387 § 3 k.p.c.
Art. 9 k.p.c.
Art. 130 § 1 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 16 k.p.c.
art. 387 § 3 k.p.c
art. 9 k.p.c
art. 387 § 1 k.p.c
art. 3985 § 1 k.p.c
art. 3985 k.p.c

Cited Case Law

AI generated

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