Supreme Court dismissed appeal on delay, ruling procedural review cannot decide appeal outcome.
Legislator summary
AI generatedThe Supreme Court dismissed the cooperative society's appeal regarding the excessive length of proceedings before the Court of Appeal in Gdańsk. The appellant argued that the suspension of the appeal process caused unnecessary delay, while the opposing party contended the suspension was legally required to determine if the case fell under voluntary court jurisdiction. The court held that reviewing the legality of the suspension would inevitably decide the outcome of the appeal, which is prohibited under the statute on delay complaints.
Legislator headnote
AI generatedArt. 12 ust. 3 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; Review of procedural acts in delay complaints cannot determine the outcome of the appealed remedy.