Supreme Court allows cassation appeal filed late by correcting formal defects within the statutory filing deadline.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland overturned a lower court's dismissal of a cassation appeal, ruling that the appellant could cure formal defects within the statutory filing period. The appellant had filed a defective appeal missing the subject value, which the court president ordered to be completed within seven days, but the appellant filed a complete appeal on the final day of the two-month statutory deadline. The court held that because the appeal was filed within the statutory limit, the appellant remained in full procedural control and could voluntarily correct defects without being placed in a worse position than a timely filed appeal.
Regesto Legislator
Generato dall'IAArt. 3984 § 1, 2 k.p.c.; Art. 3985 § 1 k.p.c.; Art. 3986 § 1, 2 k.p.c.; Art. 386 § 1 k.p.c.; Art. 3941, 3944 § 2, 39821 k.p.c.: A party may voluntarily correct formal defects in a cassation appeal filed within the statutory filing period, and such an appeal cannot be rejected merely because the defect was not cured by the court president's order.