Judicial Decisions of the Supreme Court Cover Image

Orzecznictwo Sądu Najwyższego
Judicial Decisions of the Supreme Court

Author(s): Eliza Maniewska
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: Employee; driver carrying out international road transport; business travel expenses; court fees; ineffective attempt

Summary/Abstract: Let us remember that after the Constitutional Tribunal issued its judgement, court file No. K 11/15, legal practitioners found the rules governing the reimbursement of expenses incurred in connection with performing professional tasks to drivers in international road transport to be a particularly burning issue. The last several months have brought the first Supreme Court judgements concerning this subject. A resolution of the enlarged panel of the Supreme Court settled a procedural matter of import to professional legal representatives by resolving doubts regarding mutual relations between Article 130(1) of the Civil Procedure Code and Article 112(2) and (3) of the Act on Court Fees in Civil Cases in the event payment of a cassation appeal fee is required (or fees connected with other forms of recourse or appeal) upon the court’s refusal to grant an exemption from court fees to a party represented by an advocate, a legal adviser, or a patent attorney. Also worth noting is the Supreme Court’s decision that clarifies the nature of the so-called ineffective attempt. This article is devoted, inter alia, to a broader discussion of the aforementioned judgments.

  • Issue Year: 2017
  • Issue No: 2
  • Page Range: 177-206
  • Page Count: 30
  • Language: Polish