Legislator Case Law & Legislation
II PK 158/09 AI generated

Supreme Court treats appeal on costs not decided in first instance as appeal under new Civil Procedure Code provision.

Case Number II PK 158/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court declared the cassation appeal admissible regarding costs not adjudicated by the first instance court, classifying such a ruling as an appealable order. The appellant argued that the second instance court's decision on costs violated procedural rules, while the respondent contended the matter was already settled. The court ruled that under the new Civil Procedure Code, a decision on costs omitted by the first instance constitutes a separate appealable order, but it partially granted the appeal by reducing the awarded costs to ensure fairness given the plaintiff's financial situation.

Legislator headnote

AI generated

Art. 3941 § 1 pkt 2 k.p.c.; Art. 394 § 2 k.p.c.: A decision on costs not adjudicated by the first instance court is treated as an appealable order, not a cassation subject, and cannot be rejected for missing the cassation deadline.

Keywords

AI generated
Civil Procedure Code costs of proceedings appealable order cassation appeal procedural classification fairness principle second instance court

Cited Legislation

AI generated
Art. 3941 § 1 pkt 2 k.p.c.
Art. 394 § 2 k.p.c.
Art. 102 k.p.c.
Art. 39814 k.p.c.
Art. 39816 k.p.c.
Art. 100 k.p.c.
art. 3941 § 1 pkt 2 k.p.c
art. 52 k.p
art. 99 k.p.c
art. 45 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text