Decision of the Supreme Court of 19th December 2019
I CSK 395/19

1. Article 391 para 2 sentence 1 of Code of Civil Procedure, under which in the case of the withdrawal of the appeal, the court of the second instance shall terminate appellate proceedings and award the costs in the same amount as in the case of the withdrawal of a lawsuit, applies accordingly in the cassation proceedings.

The Supreme Court with the following ruling bench: Tomasz Szanciło, Supreme Court Judge

in the case filed by Z. P. – a group representative acting for the benefit of (…) against the State Treasury represented by the General Inspector of Building Control in C. and the Mayor of City C. for establishment, at the hearing in camera at the Civil Chamber of 19^th December 2019,

following the defendant’s cassation complaint against the judgement of the Court of Appeals in (…) of 23^rd January 2019, file ref. no V Aca (…),

decides to:

discontinue the proceedings.