Legislator Case Law & Legislation
II PK 188/05 AI generated

Supreme Court dismissed cassation as inadmissible due to incorrect calculation of the subject matter value excluding process costs.

Case Number II PK 188/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Inadmissible

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal because the appellant incorrectly calculated the subject matter value by including process costs. The appellant argued for a higher value by summing interest and legal fees, but the court held that Article 20 of the Code of Civil Procedure excludes such costs from the value threshold. Consequently, the appeal was deemed inadmissible as the corrected value fell below the statutory limit for cassation.

Legislator headnote

AI generated

Art. 20 k.p.c.; Art. 398 § 1 k.p.c. - The subject matter value of a cassation appeal excludes interest and process costs claimed alongside the main claim; if the appeal concerns only ancillary claims like interest, the value must be calculated strictly on those claims without adding process costs.

Keywords

AI generated
cassation admissibility subject matter value process costs exclusion interest capitalization Code of Civil Procedure

Cited Legislation

AI generated
Art. 20 k.p.c.
Art. 398 § 1 k.p.c.
Art. 300 k.p.
Art. 85 § 2 k.p.
Art. 98 § 1 k.p.c.
Art. 98 § 3 k.p.c.
Art. 45 k.p.
Art. 47 k.p.
art. 85 § 2 k.p
art. 300 k.p

Cited Case Law

AI generated

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