Appeal dismissed because value change must occur during first instance trial, not in appellate proceedings.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal regarding court fees, ruling that a reduction in the subject matter value must happen during the first instance trial, not in appellate proceedings. The appellant initially claimed over 70,000 PLN but later specified a lower amount of 43,926.40 PLN based on expert evidence before the trial concluded. The court held that this post-trial adjustment did not constitute a valid change in the subject matter value under the Civil Procedure Code, thereby maintaining the fee structure based on the original claim.
Legislator headnote
AI generatedArt. 35 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych; art. 19 k.p.c.: A change in the value of the subject matter of the dispute must occur during the trial proceedings in the court of first instance and cannot be effected by a lower valuation of the subject matter of the appeal in appellate proceedings.