I PZ 25/08
AI generated
Supreme Court allows unpayed appeal by party after ordering prior payment notice under Civil Procedure Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court set aside the Regional Court's dismissal of the appellant's appeal due to an incorrectly calculated court fee. The appellant argued that the appeal should not be rejected without a prior summons to pay the fee, while the lower court claimed the fee error justified immediate rejection. The court ruled that Article 130 § 1 of the Civil Procedure Code requires a prior summons for any party's document, including appeals, before negative consequences can apply.
Legislator headnote
AI generatedArt. 130 § 1 k.p.c.; Art. 370 k.p.c.: An appeal filed by a party without payment cannot be dismissed without a prior summons to pay the fee, as the general rule of summons prevails over the specific provision.
Keywords
AI generated
Civil Procedure Code
court fee payment
appeal dismissal
prior summons requirement
party filed appeal
procedural defect
supreme court ruling
Cited Legislation
AI generatedArt. 130 § 1 k.p.c.
Art. 370 k.p.c.
Art. 1302 § 3 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 16 k.p.c.
art. 21 k.p.c
art. 370 k.p.c
art. 373 k.p.c
art. 321 k.p.c
art. 26 k.p.c