Abstract

Following the changes introduced by way of amendment to the Code of Civil Procedure of 4 July 2019, in order to lodge a complaint a party must first file a request for a statement of reasons and pay a corresponding fee, unless the court has resolved not to provide a statement of reasons for its decision or order in keeping with Art. 357 § 6 of the Code of Civil Procedure. In addition, Art. 357 § 5 of the Code of Civil Procedure reads that the court may briefly outline of the principal reasons for a ruling when issuing a decision, even if the decision may not be appealed. Pursuant to Art. 362 of the Code of Civil Procedure, the same rule applies to orders of the presiding judge. It transpires from the Supreme Court Resolution of 2 July 2021, III CZP 38/20, that giving principal reasons for a ruling is not tantamount to opening the possibility of lodging a complaint. It is held in the resolution that the deadline for lodging a complaint regarding an order to return a statement of claim which outlines the principal reasons for the ruling shall commence on the date of delivery of the statement of reasons, provided the party has requested the statement of reasons within the deadline, which is one week from the date of delivery of the order. This view which applies to orders may also be applied, by extension, to the court decisions.