Legislator Case Law & Legislation
I PZ 104/02 AI generated

Appeal dismissed because a late request for judgment copy did not meet cassation admissibility requirements under Polish Civil Procedure Code.

Case Number I PZ 104/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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.

Legislator headnote

AI generated

Art. 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.

Keywords

AI generated
cassation admissibility service of judgment reasoned judgment requirement statutory deadline civil procedure code

Cited Legislation

AI generated
Art. 3934 § 1 k.p.c.
Art. 387 § 3 k.p.c.
Art. 130 § 1 k.p.c.
Art. 9 k.p.c.
art. 387 § 3 k.p.c
art. 9 k.p.c
art. 3934 § 1 k.p.c
art. 3934 k.p.c
art. 387 § 2 k.p.c
art. 380 k.p.c

Cited Case Law

AI generated

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