Pominięcie przez sąd drugiej instancji nowych faktów i dowodów przytoczonych przez interwenienta ubocznego, wstępującego do sprawy w trakcie postępowania apelacyjnego
The omission by the court of the second instance of new facts and evidence brought by an incidental intervener joining the case during the appeal proceedings

Summary/Abstract: The procedural situation of an incidental intervener is determined by the state of the case at the time of notification of the intervention. In particular, the intervener’s accession does not nullify the proceedings conducted so far and the activities performed therein, the intervener may also not require the repetition of these activities, even if he considers them to be defective, but is obliged to accept the proceedings in the form in which they are at the time of accession. to the page. The status of the case as it is defined in Art. 79, the first sentence of the Code of Civil Procedure must be understood broadly, and the interpretation of this concept should be carried out taking into account the fact that an incidental intervener to which Art. 81 of the Code of Civil Procedure, does not seek the protection of its subjective rights, but is a third party whose role is limited to supporting the party in seeking to obtain a judgment favourable to it. The assessment of whether a procedural act is admissible in the specific state of the case cannot, therefore, disregard the procedural situation of the party to which the intervener joined. The point is therefore not only that the procedural step is objectively admissible at a particular stage of the proceedings, but also that it is admissible for the party whom the intervener joined, taking into account the course of the proceedings to date. Thus, an incidental intervener may only use such powers that remain at the disposal of the party at the time the intervener acts. Therefore, if a side has lost the right to act as a result of the expiry of the time limit or due to the end of the stage of the proceedings, such right is also lost by an incidental intervener. The fact that the incidental intervener joined the side only at the stage of the appeal proceedings, and thus could not have previously invoked a fact or evidence, does not, therefore, exclude the omission of this fact or evidence pursuant to Art. 381 of the Code of Civil Procedure, if this material would be late and would have to be omitted if it was appointed by the party itself.

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