Legislator Case Law & Legislation
I PZ 2/10 AI generated

Supreme Court dismissed appeal, affirming lower court's discretion to exempt a losing party from litigation costs based on special circumstances.

Case Number I PZ 2/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's appeal against the appellate court's decision to exempt the plaintiff from litigation costs. The plaintiff, a lawyer, sued for damages after his employment contract was terminated without notice, while the defendant argued he had sufficient financial means. The court upheld the lower court's assessment that the plaintiff's financial situation warranted an exception to the general rule of cost liability.

Legislator headnote

AI generated

Art. 102 k.p.c.; Art. 98 § 1 k.p.c.: The court's discretion to use Art. 102 k.p.c. is sovereign, requiring a special justified case to exempt a losing party from costs, which is not limited by the plaintiff's professional status or potential savings.

Keywords

AI generated
litigation costs exemption special justified circumstances discretion of the court losing party liability financial hardship assessment

Cited Legislation

AI generated
Art. 102 k.p.c.
Art. 98 § 1 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 14 k.p.c.
art. 102 k.p.c
art. 98 § 1 k.p.c
art. 52 § 1 pkt 1 k.p
art. 8 k.p
art. 30 § 4 k.p
art. 56 § 1 k.p

Cited Case Law

AI generated

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