Abstract

The deadline for filing a complaint against the decision of the court of first instance has been kept also when prior thereto a party filed a complaint to the functionally competent court of second instance. The fact that the manner in which the complaint is to be filed is not regulated justifies application of Art. 369 § 3 of the Code of Civil Procedure in this regard. The purpose for the introduction of that regulation refers equally to both ordinary measures of appeal. Art. 397 § 2 of the Code of Civil Procedure should be applied not only when there is no separate regulation for the course of the complaint proceedings already underway, but also when other complaint issues are not regulated.