Abstract

This article analyses the consequences of the fact that the Supreme Court is bound by the grounds of a cassation appeal under the Polish civil procedure. It discusses the impact of Art. 398¹³ § 1 of the Code of Civil Procedure on the scope of the Supreme Court’s jurisdiction in cassation proceedings and the practical problems arising from the construction of this remedy. The text focuses on the importance of the precise wording of the grounds for a cassation appeal and their impact on the possibility of effectively challenging the decision of the court of second instance. In doing so, it presents the typology of cassation grounds, the most common mistakes made in construing them and the difficulties arising therefrom. The article emphasises that the formalism of the cassation procedure, although it may lead to upholding misjudgements, has an important role to play in balancing the interests of the parties and protecting the stability of final court judgments. The conclusions of the analysis can also be applied to other types of extraordinary remedies available in the Polish legal system.