Abstract

In its resolution of 24 January 2023, III CZP 127/22, the Supreme Court held that the court of second instance not only prepares ex officio a statement of reasons for the decision to dismiss an appeal made during a hearing in camera, but also delivers ex officio a copy of that decision and the statements of reasons to a party (Art. 387 § 1 and § 3 sentence 3 of the Code of Civil Procedure). This means that filing a complaint against such a decision does not require filing a request for the delivery of the decision and the statement of reasons, or payment of the related fee.The correctness of that ruling is confirmed by addition of Art. 357 § 2² of the Code of Civil Procedure, whereby whenever a special provision requires a court to prepare ex officio a statement of reasons for a decision issued in camera, such decision is delivered ex officio together with the statement of reasons. According to Art. 357 § 2⁴ of the Code of Civil Procedure, ex officio delivery by the court of a decision issued in camera with a statement of reasons relieves the party of the duty to make a request for the delivery of the decision with the statement of reasons.