Legislator Case Law & Legislation
I PZ 18/97 AI generated

Supreme Court dismisses inadmissible appeal due to failure to inform party of appeal rights under Art. 357 § 2 KPC.

Case Number I PZ 18/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's appeal against a lower court's rejection of her claim for unpaid wages. The lower court had rejected the appeal as inadmissible because the plaintiff failed to meet formal requirements for filing a cassation, despite being previously informed that no appeal was available. The Supreme Court ruled that the lower court's failure to inform the plaintiff of her right to appeal, as required by Article 357 § 2 of the Code of Civil Procedure, meant the appeal period had not yet begun to run.

Legislator headnote

AI generated

Art. 357 § 2 KPC; Art. 393 KPC: Failure to inform a party of the right to appeal a decision rendered in a closed session prevents the appeal period from starting, rendering subsequent appeals inadmissible if filed based on erroneous information.

Keywords

AI generated
Code of Civil Procedure closed session decision failure to inform appeal period inadmissible appeal cassation requirements procedural error

Cited Legislation

AI generated
Art. 357 § 2 KPC
Art. 393 KPC
Art. 397 § 2 KPC
Art. 379 pkt 5 KPC
Art. 199 § 1 pkt 2 KPC
Art. 385 KPC
Art. 393 § 2 pkt 1 KPC
Art. 393 § 3 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text