Legislator Case Law & Legislation
II PK 7/08 AI generated

Supreme Court allows cassation appeal regarding failure to address non-appealable court rulings in second instance judgment.

Case Number II PK 7/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the cassation appeal against a second-instance judgment that dismissed a counterclaim. The appellant argued that the lower court ignored specific non-appealable procedural rulings which should have been addressed under Article 380 of the Civil Procedure Code. The court held that while the second-instance judge must address all such grievances, the appellant failed to timely object to the lower court's procedural errors during the trial, thus barring the claim.

Legislator headnote

AI generated

Art. 380 k.p.c.; Art. 162 k.p.c.: The second-instance court must address all non-appealable rulings cited by the appellant, but a party cannot successfully claim procedural violations if they did not raise them during the trial session.

Keywords

AI generated
second instance procedure non-appealable rulings cassation appeal procedural violations timely objection requirement counterclaim dismissal Civil Procedure Code

Cited Legislation

AI generated
Art. 378 § 1 k.p.c.
Art. 380 k.p.c.
Art. 162 k.p.c.
Art. 398 § 1 k.p.c.
art. 378 § 1 k.p.c
art. 100 § 2 pkt 4 k.p
art. 6 k.c
art. 233 § 1 k.p.c
art. 227 k.p.c
art. 266 k.k

Cited Case Law

AI generated

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