Kacper Milkowski

Overview of the decisions of the Polish Supreme Court

The Resolution of the Polish Supreme Court of November 16, 2022 (case file no. III CZP 116/22) is of particular importance for legal practice. The Court indicated that Article 13a of the act of July 28, 2005 on court costs in civil matters (consolidated text of the Journal of Laws of the Republic of Poland 2022, item 1125) applies to claims arising by consumers resulting from banking activities (Article 5 § 1 and 2 of the act of August 29, 1997 – Banking Law, consolidated text, Journal of Laws of the Republic of Poland 2022, item 2324). In the Resolution of October 20, 2022 (case file no. III CZP 96/22), the Polish Supreme Court stated that the incurring by the claimant of the costs related to the service by the bailiff after the issuance of the judgment closing the proceedings in the case justifies the award of these costs from the defendant pursuant to Article 1081 of the Polish Code of Civil Procedure.

Overview of the decisions of the Polish Supreme Court

The Judgment of the Polish Supreme Court of April 13, 2023 (case file no. III CZP 125/22) is of particular importance for legal practice. The Court indicated that a claim for a legitime does not pass to the heir of the person entitled to the legitime if they do not belong to the group of persons entitled to a legitime after the first testator (Article 1002 of the Civil Code). In the Judgment of March 15, 2023 (case file no. II CSKP 1835/22), the Polish Supreme Court stated that the joint intention of the parties should be understood as the agreed factual and legal elements shaping the essential provisions of the contract. The contractual objective is the broadest socio-economic objective of the individualized agreement. Moreover, in the Resolution of February 22, 2023 (case file no. III KK 13/22), the Polish Supreme Court decided that an electric scooter equipped with an engine with parameters similar to the power of an electrically assisted bicycle engine, which retains all the normal characteristics of construction, enabling its normal operation as a scooter, i.e. moving by pushing off with the leg, is not a motor vehicle within the meaning of the provisions of the Polish Penal Code.

Overview of the decisions of the Polish Supreme Court

The resolution of the panel of seven judges of the Polish Supreme Court of June 21, 2023 (case file no. III CZP 94/22) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumed that Article 2 of the Act of July 6, 2001 on preserving the national character of the country’s strategic natural resources does not exclude the possibility of usucaption of real estate constituting a state forest. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of June 14, 2023 (case file no. III CZP 84/22). As indicated by the Supreme Court, declaring the debtor’s bankruptcy does not cause the creditor’s loss of legitimacy to bring an action to declare the debtor’s legal act ineffective under Art. 527 of the Civil Code.

Overview of the decisions of the Polish Supreme Court

The Judgment of the Polish Supreme Court of October 26, 2023 (case file no. III CZP 34/23) is of particular im-portance for legal practice. The Court indicated that if the leasing contract was terminated by agreement of the parties, Article 709(15) of the Civil Code shall not apply unless the parties have agreed otherwise. In the Judgment of October 26, 2023 (case file no. III CZP 18/23), the Polish Supreme Court stated that confirmation of inheritance under Article 681 of the Polish Code of Civil Procedure may also apply to heirs who died after initiating proceed-ings for the division of inheritance. Moreover, in the Judgment of the Polish Supreme Court of October 19, 2023 (case file no. III CZP 9/23), the Polish Supreme Court decided that the receivable due to the housing cooperative in respect of fees for the renovation fund may be written off by offsetting.

Overview of the decisions of the Polish Supreme Court

The judgment of the Polish Supreme Court of December 20, 2023 (case file no. III CZP 41/23) is of particular importance for legal practice. The Court indicated that in the case of notifying the party or their representative about the impossibility of preparing a justification for the contested decision, appealing against this decision is not conditioned upon the effective submission of a request for justification and the delivery of the decision along with the justification. In the judgment of December 14, 2023 (case file no. III CZP 32/23), the Polish Supreme Court stated that in divorce cases, both those not concluded by July 3, 2021, and those initiated between July 3, 2021, and April 14, 2023, the first-instance court shall adjudicate with a single judge unless the president of the court orders the case to be heard by a panel of three judges. If such a case is heard by a single judge and two lay judges, the proceedings are null and void (Article 379 point 4 of the Polish Code of Civil Procedure).