III SPP 44/07 AI generated

Supreme Court found delay due to late complaint submission constituted procedural delay and increased compensation.

Case Number III SPP 44/07

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2007-11-13

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland found that the significant delay in submitting a complaint to the competent court was a circumstance justifying a finding of procedural delay. Although the appeal case had already been resolved, the Court ruled that the delay in forwarding the complaint by the appellate court violated the applicant's rights. Consequently, the Court declared the proceedings delayed, awarded 5,000 PLN in compensation, and ordered the return of the filing fee.

Legislator headnote

AI generated

Art. 2 in conjunction with Art. 7 and Art. 12 of the Act on Complaints against Delay in Proceedings; A significant delay in submitting a complaint to the competent court constitutes a circumstance justifying a finding of procedural delay and an increase in compensation, even if the case was resolved in that instance.

Keywords

AI generated

procedural delay significant delay compensation increase late complaint submission appellate court duty right to court Art. 7 Act on Complaints

Cited Legislation

AI generated

Art. 2 in conjunction with Art. 7 and Art. 12 of the Act on Complaints against Delay in Proceedings of 17 June 2004

Art. 12 ust. 4 of the Act on Complaints against Delay in Proceedings of 17 June 2004

Art. 17 ust. 3 of the Act on Complaints against Delay in Proceedings of 17 June 2004

Art. 98 of the Code of Civil Procedure

Art. 8 ust. 2 of the Act on Complaints against Delay in Proceedings of 17 June 2004

art. 45 ust. 1 Konstytucji RP

art. 467 k.p.c

art. 468 k.p.c

art. 471 k.p.c

art. 391 § 1 k.p.c

Cited Case Law

AI generated

Supreme Court dismisses delay complaint as moot because the lower court already issued a final judgment.

Supreme Court dismisses delay complaint as moot after final judgment rendered before complaint hearing.

III SPP 42/06

Supreme Court dismisses delay complaint as unnecessary after final judgment becomes effective.

Supreme Court dismisses delay complaint procedure when underlying case settles and main proceedings are terminated.

Supreme Court found procedural delay in social security appeals violated statutory time limits and awarded damages.

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