Legislator Case Law & Legislation
II PK 8/08 AI generated

Supreme Court rejects request for return of performed payment when case is transferred to military authority under Art. 464 CPC.

Case Number II PK 8/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's request to order the return of a performed payment after transferring the case to a military authority. The plaintiff argued that such a transfer equates to a dismissal due to inadmissibility under Article 398 § 19 of the Civil Procedure Code, which would trigger the return of payments under Article 415. The Court held that while the transfer is procedurally similar to dismissal, it does not carry the same material legal consequences regarding the extinguishment of the claim, thus Article 398 § 19 does not apply.

Legislator headnote

AI generated

Art. 398 § 19 k.p.c.; Art. 415 k.p.c.; Art. 464 § 1 k.p.c. The transfer of a case to a competent authority under Article 464 of the Civil Procedure Code does not trigger the return of performed payments under Article 398 § 19, as it differs substantively from a dismissal for inadmissibility.

Keywords

AI generated
return of performed payment transfer of case military authority inadmissibility dismissal Civil Procedure Code material legal consequences competence of court

Cited Legislation

AI generated
Art. 398 § 19 k.p.c.
Art. 415 k.p.c.
Art. 464 § 1 k.p.c.
Art. 39821 k.p.c.
Art. 391 § 1 k.p.c.
Art. 39811 § 1 k.p.c.
Art. 351 § 3 k.p.c.
art. 464 k.p.c
art. 39819 k.p.c
art. 464 § 1 k.p.c

Cited Case Law

AI generated

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