Appeal dismissed because a late request for judgment copy did not meet cassation admissibility requirements under Polish Civil Procedure Code.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appellant's appeal regarding the inadmissibility of a cassation petition due to a procedural defect. The appellant argued that a request submitted within the statutory deadline for serving a judgment copy was intended to initiate cassation proceedings, despite lacking explicit mention of the judgment's reasoning. The court held that without clear intent to file a cassation appeal or a request for a reasoned judgment, the document was merely a standard service request under Article 9 of the Civil Procedure Code. Consequently, the failure to serve the reasoned judgment within the specific deadline rendered the cassation inadmissible.
Regesto Legislator
Generato dall'IAArt. 3934 § 1 k.p.c.; Art. 387 § 3 k.p.c.; Art. 130 § 1 k.p.c.; Art. 9 k.p.c.: A request for serving a judgment copy within the cassation deadline is admissible for cassation only if it explicitly concerns a reasoned judgment and demonstrates intent to file an appeal; otherwise, it is treated as a standard service request under Article 9.