Abstract

In the Supreme Court practice, doubts arise as to whether a cassation appeal should contain all elements of the first pleading in the case, in particular the indication of addresses of the parties and the plaintiff’s PESEL statistical number. More arguments support the negative answer, since the law requires that the provisions on pleadings in general be applied to the cassation complaint, and do not mention the first pleading in the case (Art. 126 § 2 of the Code of Civil Procedure).
It seems that incorrect (or at least out-of-date) is the assumption, adopted in the resolution of the Supreme Court of 5 June 2008, III CZP 142/07, that the cassation appeal “technically and procedurally” initiates a new case.