News

05/08/2016

The Supreme Court granted cassation appeal submit by Duraj Reck i Partnerzy Law Office

In the judgment of 18 May 2016 in the case under the signature V CSK 603/15, as a result of submit cassation appeal by Duraj Reck i Partnerzy Law Office, The Supreme Court overturned the judgment of Court of Appeal in Katowice and forward the case again. The case concerned deprivation enforcement title of enforcement clause. In the reasons of judgment Supreme Court said, that replace the evidence of court expert opinion by the private one, was violation of basic procedure rules. Court, which will hear the case again have to provide evidence of court expert opinion. Moreover Supreme Court share the legal view of Duraj Reck i Partnerzy Law Office, that there is no doubt in the jurisdiction and in the literature, that it is impossible to deprive enforcement title of enforcement clause in the event of enforce of whole or part of the amount from enforcement title.