Abstract
In the glossed judgment, the Appeal Court in Katowice Sąd Apelacyjny w Katowicach rightly found that with a view to the fact that Article 1302 § 3 of the Code of Civil Procedure – providing for the rejection of improperly paid for appeal measures filed by a professional attorney without a call to make an additional payment – has been repealed by the legislator, under the applicable legal system there is no regulation that would allow to reject – without a call for payment of a fixed fee or a proportional fee calculated on the basis of the value of the claim indicated by the party – of an appeal filed by an advocate, legal counsellor or a patent agent which has not been paid for at all or the amount paid is insufficient. This makes it necessary to initiate the recovery procedure laid down in Article 130 § 1 of the Code of Civil Procedure.