Legislator Case Law & Legislation
I PZ 9/09 AI generated

Supreme Court dismissed retrial claim, ruling it lacks jurisdiction to examine admissibility when filed to second instance court.

Case Number I PZ 9/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's retrial claim, ruling it lacked jurisdiction to examine its admissibility because it was filed directly to the second-instance court. The plaintiff argued that a judge was improperly excluded due to kinship with the county administrator, citing specific civil procedure articles. The court held that the Supreme Court's role was limited to reviewing the second-instance court's decision on admissibility, not conducting a new admissibility analysis itself.

Legislator headnote

AI generated

Art. 405 k.p.c.; The Supreme Court lacks jurisdiction to examine the admissibility of a retrial claim if it is filed directly to the second-instance court, as its competence is limited to reviewing the second-instance court's decision on such admissibility.

Keywords

AI generated
jurisdiction of Supreme Court retrial claim admissibility second instance court civil procedure code judicial exclusion grounds

Cited Legislation

AI generated
art. 405 k.p.c.
art. 401 pkt 1 k.p.c.
art. 48 § 1 pkt 2 k.p.c.
art. 379 pkt 4 k.p.c.
art. 379 pkt 5 k.p.c.
art. 45 ust. 1 Konstytucji Rzeczypospolitej Polskiej
art. 405 k.p.c
art. 48 § 1 pkt 2 k.p.c
art. 48 § 1 pkt 5 k.p.c
art. 379 pkt 5 k.p.c

Cited Case Law

AI generated

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