Supreme Court dismisses appeal when lawyer's power of attorney lacks specific authorization for cassation instance.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the appellant's appeal against the rejection of their cassation. The appellant's lawyer submitted a power of attorney that, despite containing a printed general clause, had handwritten additions limiting its scope to the first and second instances. The court held that the lawyer failed to provide a separate authorization for the cassation instance, which is a mandatory requirement under the Code of Civil Procedure. Consequently, the cassation was inadmissible due to the lack of proper representation for that specific procedural stage.
Legislator-Regeste
KI-generiertArt. 393 § 1, 2 KPC; Art. 397 § 2, 385 KPC: A power of attorney submitted for filing a cassation must explicitly authorize the representative to act in the cassation instance; a general authorization limited to lower instances is insufficient, and failure to supplement this defect results in the inadmissibility of the cassation.