Cancelling court fee stamps by the payer violates regulations, rendering the fee unpaid and the appeal inadmissible.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal, ruling that cancelling court fee stamps by the payer violates specific regulations. The lower court found that the appellant's representative submitted the appeal with 30 zł stamps which were subsequently cancelled by the appellant himself, contrary to rules requiring only authorized court staff to cancel them. The court held that such unauthorized cancellation constitutes a failure to pay the fee, mandating the immediate rejection of the appeal without a warning to pay.
Legislator headnote
AI generatedArt. 1302 § 3 k.p.c.; Rozporządzenie Ministra Sprawiedliwości z dnia 31 stycznia 2006 r. w sprawie sposobu uiszczania opłat sądowych w sprawach cywilnych: The cancellation of court fee stamps by the person paying the fee in a manner contrary to regulations constitutes a failure to pay the fee, resulting in the inadmissibility of the appeal.