Procesowe skutki nieopłacenia apelacji wniesionej przez zawodowego pełnomocnika w razie odmowy zwolnienia od kosztów sądowych
Consequences of non-payment of an appeal brought by a professional attorney in the event of a refusal to exempt from court fees

Summary/Abstract: The Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts introduced the largest change to civil procedure in recent years. There are many interesting legal threads emerging in this respect, which would certainly require separate, detailed studies. The purpose of this article is to present the legal regulations and court practice regarding the effects of dismissing an application for exemption from court fees when the appeal was brought by a lawyer, attorney-at-law or patent attorney in the light of the 2019 amendment. The author discussed the changes introduced by the last amendment and presented their assessment presented in the judicature and literature. The court of the second instance will decide on the application for exemption from court costs submitted together with the appeal, and the court’s decision is not subject to appeal. If such an application, which was submitted by a professional attorney is rejected, it, as a professional participant in legal transactions, is obliged to pay the fee on its own, without requiring the party to pay the fee. Failure to do so will result in the dismissal of the appeal.

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