Legislator Case Law & Legislation
II PZ 22/10 AI generated

Civil appeal costs claim validly filed in simplified procedure before final judgment without service to opponent.

Case Number II PZ 22/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the appellant's challenge regarding the failure to serve a costs claim on the opposing party. The appellant argued that service was necessary for the claim to be effective, but the Court held that procedural rules for simplified proceedings do not mandate such service. Consequently, the Court ruled that the claim was validly filed with the court prior to the final judgment.

Legislator headnote

AI generated

Art. 98 § 1 k.p.c.; Art. 109 § 1 k.p.c.; Art. 505 § 2 k.p.c.: A claim for the return of process costs in a simplified procedure is validly filed with the court before the final judgment is rendered, without the necessity of serving the opposing party.

Keywords

AI generated
simplified procedure costs of proceedings service of documents civil appeal final judgment effective filing labor law

Cited Legislation

AI generated
Art. 98 § 1 k.p.c.
Art. 109 § 1 k.p.c.
Art. 505 § 2 k.p.c.
Art. 394 § 3 k.p.c.
art. 50510 § 2 k.p.c
art. 3941 § 1 pkt 2 k.p.c
art. 13 k.p.c
art. 98 § 1 k.p.c
art. 3941 § 3 k.p.c

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