Supreme Court allows appeal by correcting value of dispute based on first-instance salary data under Civil Procedure Code.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland allowed the appellant's appeal after the District Court rejected it due to an incorrect valuation of the dispute subject. The appellant failed to specify the correct value in the appeal, submitting only three months of salary instead of the required twelve months. The court ruled that the District Court erred in treating this omission as a failure to cure the defect, establishing that the value must be verified and corrected based on first-instance records.
Regesto Legislator
Generato dall'IAArt. 25 § 1 k.p.c.; Art. 368 § 2 k.p.c.; Art. 39821 k.p.c.: The court must verify the value of the subject of the appeal and correct it based on first-instance data if the appellant's submission is inconsistent with statutory rules, thereby curing the defect and allowing the appeal to proceed.