Abstract

Article 505³⁷ of the Code of Civil Procedure indicates that the cause of discontinuance of the proceedings is failure to remedy formal shortcomings of the lawsuit by a prescribed deadline or non-payment of court fees. These are the effects similar to those provided for in Art. 130 § 2 of the Code of Civil Procedure, except that the court does not issue a decision on the return of the statement of claim, but only on discontinuance of the proceedings. The act in civil procedure shall interrupt the limitation period when it may be considered as „taken directly to assert or determine, or to satisfy or secure the claim”. In the light of the provision of Art. 123 § 1.1 of the Code of Civil Procedure it does not matter whether a procedural step taken „directly in order to” realize the claim results in institution of the proceedings, or merely in raising a charge, or whether in its verdict the court decides as to the reported claim. As a rule, discontinuance of the electronic writ-of-payment proceedings produces effects equivalent to the return of the statement of claim. However, the regulation of Art. 505³⁷ § 1 of the Code of Civil Procedure must be regarded as a specific provision in this respect, and therefore the general rules will not apply. For this reason, discontinuance of the electronic writ-of-payment proceedings will give rise to procedural and substantive effects since the proceedings before a court of general jurisdiction constitute its continuation.