Supreme Court held appeal fee payment date is transfer initiation, not bank account credit date.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the appellate court's dismissal of an appeal due to alleged late fee payment. The insured argued that the fee was paid on April 10 via a bank transfer, while the lower court rejected the appeal because the bank credited the account on April 16, missing the seven-day deadline. The court ruled that under the Civil Procedure Code and the Act on Court Costs, the critical date is when the payment instruction is initiated at any authorized financial institution, not when the funds arrive at the court's account, thereby upholding the insured's right to appeal.
Legislator headnote
AI generatedart. 165 § 2 k.p.c.; art. 9 pkt 1 ustawy o kosztach sądowych w sprawach cywilnych: The date determining compliance with the court-set deadline for paying a court fee is the date the payment is initiated at any authorized financial institution, not the date the funds are credited to the court's account.