II PZ 29/07
AI generated
Appeal dismissed; judge's prior participation in lower court ruling does not invalidate proceedings under Art. 379(4) CPC.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against a lower court's decision to reject the cassation complaint. The appellant argued that the proceedings were void because a judge who participated in the second-instance judgment also sat on the panel that rejected the cassation appeal, citing Article 379(4) of the Code of Civil Procedure. The court held that such judicial participation does not constitute a ground for invalidating the proceedings under the specified statutory provision.
Legislator headnote
AI generatedArt. 379 pkt 4 k.p.c.; The participation of the same judge in issuing a judgment that was subsequently set aside and in issuing a decision rejecting a cassation complaint does not cause the invalidity of the proceedings.
Keywords
AI generated
judicial participation
procedural validity
cassation appeal
judge impartiality
Code of Civil Procedure
appeal dismissal
lower court judgment
Cited Legislation
AI generatedart. 379 pkt 4 k.p.c.
art. 3986 § 2 k.p.c.
art. 39814 k.p.c.
art. 3941 § 3 k.p.c.
art. 383 k.p.c.
art. 47 k.p.
art. 379 pkt 4 k.p.c
art. 3986 § 2 k.p.c
art. 3982 § 1 k.p.c
art. 383 k.p.c