Retaining the statutory period for lodging a complaint

On 19th February 2015 the Supreme Court passed a resolution (ref. act III CZP 100/14) regarding maintaining the statutory period for lodging a complaint, referred to in art. 395 § 2 of the Code of Civil Procedure.

The legal issue occurred upon absence of direct indication by the legislator to which court the complaint should be filed and, consequently, whether the period for bringing a complaint under consideration shall be deemed preserved in case of submitting it directly to the court of second instance.

The Supreme Court ruled that the period for lodging a complaint against the decision of the court of first instance, referred to in art. 394 § 2 of the Code of Civil Procedure, is retained if the complaint was lodged before the end of that period to the functionally competent court of second instance.

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