Supreme Court dismisses appeal rejection when court determines value exceeds fee threshold, requiring fee payment instead.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned a lower court's decision rejecting an appeal due to insufficient court fees. The lower court had dismissed the appeal because the appellant failed to declare the correct value of the dispute, resulting in a fee calculation based on a low amount. The Supreme Court ruled that once the court independently determines the true value of the dispute exceeds the fee threshold, the appeal is deemed improperly paid, and the proper remedy is to order the appellant to pay the correct fee rather than dismissing the appeal outright.
Legislator headnote
AI generatedArt. 1302 § 5 k.p.c.; Art. 1302 § 3 k.p.c. - When the court determines the value of the subject matter of the appeal differs from that declared by the party, causing recognition that the appeal was not properly paid, the court must order payment of the correct fee and cannot dismiss the appeal under the provision for improper payment.