Legislator Case Law & Legislation
III UO 14/07 AI generated

Supreme Court dismisses appeal for retrial as inadmissible due to lack of legal counsel representation.

Case Number III UO 14/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Inadmissible

Legislator summary

AI generated

The Supreme Court rejected the appellant's request for a retrial, ruling it inadmissible because it was filed personally without legal representation. The appellant, a construction company, sought to overturn a previous dismissal of their cassation appeal, arguing that the lack of written reasoning violated constitutional rights. The court held that under Polish law, parties before the Supreme Court must be represented by lawyers unless specific statutory exceptions apply, which did not cover this entity.

Legislator headnote

AI generated

Art. 871 § 1, 2 k.p.c.; Art. 410 § 1 k.p.c.: A party before the Supreme Court must be represented by a lawyer or legal advisor; a personal filing by a party lacking statutory exceptions renders the appeal inadmissible.

Keywords

AI generated
representation requirement Supreme Court procedure inadmissible appeal legal counsel mandate retrial request rejection

Cited Legislation

AI generated
Art. 871 § 1 k.p.c.
Art. 871 § 2 k.p.c.
Art. 410 § 1 k.p.c.
Art. 3989 § 2 k.p.c.
Art. 45 ust. 1 Konstytucji RP
Art. 31 ust. 3 Konstytucji RP
Art. 2 Konstytucji RP
art. 871 § 2 k.p.c
art. 410 § 1 k.p.c
art. 2 Konstytucji RP

Cited Case Law

AI generated

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