Decisions on cassation appeals

The Supreme Court hears a cassation appeal within the limits of the appeal and within the limits of the grounds; within the limits of the appeal, however, it shall take into account ex officio the invalidity of the proceedings. The basis cited in the complaint determines the limits of the Supreme Court's consideration of the case (I CKN 894/2000).

It is unacceptable to simultaneously refer to two alternative forms of violation of substantive law in a complaint. The complaint must precisely indicate the extent to which the decision of the second instance court is being appealed against. It, together with the cited grounds for the complaint, and not the final cassation motion, determines - first of all - the subject of examination "within the limits of cassation" (I CKN 96/98).