II PZ 83/06
AI generated
Supreme Court dismissed appeal from favorable judgment as inadmissible due to lack of legal interest in challenging the ruling.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the defendant's appeal against a first-instance judgment that was favorable to them. The defendant argued that the unfavorable reasoning in the judgment's preamble created a legal interest to challenge the decision, despite the ruling itself being beneficial. The court held that such an appeal is generally inadmissible unless the reasoning significantly alters the weight of the judgment, which was not the case here.
Legislator headnote
AI generatedArt. 366 k.p.c.; Art. 373 k.p.c.; An appeal against a judgment favorable to the appellant is inadmissible unless the reasoning has significant consequences for determining the weight of the judgment, creating a legal interest (gravamen).
Keywords
AI generated
inadmissible appeal
legal interest
favorable judgment
reasoning weight
procedural dismissal
art 366 kpc
gravamen requirement
Cited Legislation
AI generatedart. 366 k.p.c.
art. 373 k.p.c.
art. 168 § 1 k.p.c.
art. 394 § 3 k.p.c.
art. 398 § 4 k.p.c.
art. 366 k.p.c
art. 373 k.p.c
art. 168 § 1 k.p.c
art. 368 § 1 pkt 1 k.p.c
art. 3701 k.p.c
Cited Case Law
AI generatedpostanowienie Sądu Najwyższego z dnia 5 września 1997 r., III CKN 152/97