Supreme Court held that undisputed claim value remains valid in appeal and cassation proceedings. The court ruled that the value of the subject matter of the dispute, which was not examined by the court of first instance in accordance with Article 25 § 1 and 2 of the Code of Civil Procedure, remains valid in appeal proceedings (Article 368 § 2 of the Code of Civil Procedure) and in cassation proceedings (Article 368 § 2 in conjunction with Article 3984 § 3 and Article 39821 of the Code of Civil Procedure).
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland overturned the lower court's dismissal of the appellant's protest regarding the value of the subject matter of the dispute. The appellant argued that the non-monetary claim value of 132,000 PLN, which was not verified by the first instance court under Article 25 of the Code of Civil Procedure, should have been included in the total value for fee calculation purposes. The court decided that since this value was not examined in the first instance, it remains valid and applicable in subsequent appeal and cassation proceedings, thereby correcting the lower court's error in calculating the fee threshold.
Regesto Legislator
Generato dall'IAArt. 25 § 1 i 2 k.p.c.; Art. 368 § 2 k.p.c.; Art. 368 § 2 w związku z art. 3984 § 3 i art. 39821 k.p.c.: The value of the subject matter of the dispute, which was not examined by the court of first instance in accordance with Article 25 § 1 and 2 of the Code of Civil Procedure, remains valid in appeal proceedings and in cassation proceedings.