II BP 44/07
AI generated
Supreme Court dismisses appeal against order rejecting fine appeal as it does not end civil proceedings.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's appeal challenging a final order rejecting an appeal against a court fine. The plaintiff argued the order violated civil law provisions regarding damages and procedural rights. The court ruled that such disciplinary orders are procedural acts, not final judgments ending civil litigation, thus excluding the specific appeal mechanism.
Legislator headnote
AI generatedArt. 4241 § 1 k.p.c.; Art. 49 ust. 1 Prawo o ustroju sądów powszechnych; The appeal for finding a final judgment inconsistent with the law applies only to judgments concluding civil proceedings, not to procedural orders issued under the Court Organization Act.
Keywords
AI generated
appeal against final judgment
court fine appeal
procedural order
civil proceedings conclusion
Supreme Court jurisdiction
Cited Legislation
AI generatedart. 4241 § 1 k.p.c.
art. 49 ust. 1 Prawo o ustroju sądów powszechnych
art. 4248 § 1 k.p.c.
art. 51 u.s.p.
art. 62 k.p.c.
art. 35 i 38 k.c.
art. 77 ust. 1 Konstytucji RP
art. 417 § 1 k.c.
art. 4241 § 1 k.p.c
art. 62 k.p.c
Cited Case Law
AI generatedIII CZP 3 44/98
III ZP 1/00
III CZP 31/00
Supreme Court rules a ruling dismissing a late appeal to extend a deadline is not a final judgment allowing cassation.
IV CZ 92/02
III CNP 4/05
Supreme Court dismisses appeal against enforcement clause order as it does not end main proceedings.
II CNP 15/05
Supreme Court dismisses appeal against final costs ruling as it is not a final judgment on the main case.
I CZ 202/98
I PZ 15/97
Supreme Court dismisses appeal against non-appealable court order penalties for maintaining court dignity.