Abstract

In keeping with Art. 394² § 1¹ (3) of the Code of Civil Procedure, a party may file a complaint to another bench of the court of second instance as regards, among other things, the court’s decision concerning reimbursement of the costs of proceedings, unless a cassation appeal has been filed. As regards the wording of the provision there have been concerns whether or not filing a cassation appeal by a party to the proceedings would result in general inadmissibility of a complaint regarding the decision of the court of second instance so that the complaint can be filed neither by the party that filed a cassation apeeal nor by the opposing party.In its resolution of 30 September 2021, III CZP 50/20, the Supreme Court explained that filing a cassation appeal (to the Supreme Court) by a party (a participant in the proceedings) would not lead to rejection of a horizontal complaint (reviewed by another bench of the court of second instance) filed by the other party (another participant in the proceedings) with regard to the decision of that court concerning reimbursement of the costs of the appeal proceedings (Art. 394² § 1¹ (3) in conjunction with Art. 13 § 2 of the Code of Civil Procedure).