COMPLAINT TO THE COURT OF THE FIRST INSTANCE SITTING IN A DIFFERENT FORMATION IN CIVIL EXAMINATION PROCEEDINGS

Abstract

The article is about the issue of complaint to the court of the first instance sitting in a different formation in civil examination proceedings. The Act of 4 July 2019 amending the Code of Civil Procedure introduced the institution of a complaint to the court of the first instance sitting in a different formation against decisions of that court (horizontal complaint). The publication first characterizes the nature of the complaint in civil procedural law. Next, the evolution of the provisions on horizontal complaints, which previously operated in the proceedings before the court of second instance, was discussed. Finally, the new institution was characterized, including the pros and cons of the new model. The analysis does not allow for an unequivocally positive assessment of the new institution.