Supreme Court rejects appeal when parties incorrectly declare appeal value, ruling lower court must verify it. The court held that the declared value is not binding for admissibility assessment.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by employees against a regional court judgment awarding severance pay. The plaintiffs incorrectly declared the appeal value in their cassation petition, which the Supreme Court noted was not binding for admissibility purposes. The court ruled that the second-instance court was obligated to verify the appeal value against the original claim amount and reject the appeal if it exceeded statutory limits, a duty the second-instance court failed to perform.
Regeste Legislator
Généré par l'IAArt. 393 pkt 1 k.p.c.; Art. 19-24 k.p.c.: The value of the subject of the appeal declared by the appellant in violation of procedural rules is not binding for the assessment of the admissibility of the cassation appeal and must be verified by the second-instance court and the Supreme Court.