II PZ 11/08
AI generated
Supreme Court dismisses appeal regarding cassation admissibility, ruling formal control belongs to the second-instance court.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against a lower court's decision rejecting a cassation complaint. The appellant argued that the lower court erred by treating the admissibility of the cassation appeal as a formal matter rather than a substantive one. The court held that under the Civil Procedure Code, the second-instance court retains exclusive authority to verify the formal requirements of the cassation appeal, and the lower court's rejection was legally sound.
Legislator headnote
AI generatedArt. 3986 § 2 k.p.c.; Art. 48 § 3 k.p.c.: The second-instance court alone controls the formal requirements of a cassation appeal, and its rejection of such an appeal does not constitute participation in the judgment it challenges.
Keywords
AI generated
cassation appeal admissibility
second instance court jurisdiction
formal requirements control
civil procedure code
judicial review scope
Cited Legislation
AI generatedArt. 3986 § 2 k.p.c.
Art. 48 § 3 k.p.c.
Art. 410 § 1 k.p.c.
Art. 3941 § 3
Art. 39814 k.p.c.
art. 3986 § 2 k.p.c
art. 48 § 3 k.p.c
art. 365 § 1 k.p.c
art. 403 § 1 pkt 1 k.p.c
art. 403 § 1 pkt 2 k.p.c
Cited Case Law
AI generatedII UKN 417/98
Supreme Court allows retrial request based on new evidence and corrects jurisdiction to first instance court.
II UKN 174/99
Supreme Court dismisses appeal when grounds for retrial are formally cited but factually absent in the complaint's reasoning.
III UZ 9/07
Supreme Court allows retrial appeal based on new medical evidence despite prior expert opinion. The court held that procedural rejection is invalid when a statutory retrial ground exists. The decision mandates a substantive review of the new evidence's validity. The court ruled that a new medical report from 1994 could not have been presented earlier due to lack of access. The opposing party argued the new evidence was merely a restatement of existing facts. The court clarified that procedural rejection is only valid if no statutory retrial ground exists. The court emphasized the need for a public hearing to evaluate the new evidence substantively. The decision establishes that new evidence must be reviewed on its merits, not dismissed procedurally. The court found the lower court erred by rejecting the appeal without substantive examination. The ruling reinforces the right to present new evidence under specific statutory conditions.
II PZ 65/07
Appeal dismissed; facts known in prior trial do not constitute new discovery under Polish Civil Procedure Code.
IV CSK 9/07
Supreme Court quashes bankruptcy renewal decision due to judge participation in prior ruling violating impartiality rules.
III CZP 97/04
Supreme Court rules a judge issuing a payment order may hear objections to it without violating impartiality.
I UK 12/06
Supreme Court quashes lower court rulings for procedural error regarding judge participation in retrial proceedings.