Przegląd orzecznictwa Sądu Najwyższego (lipiec–wrzesień 2024)

Theresolution of thepanel of seven judges of thePolish Supreme Court of September 11, 2024 (case file no.III CZP 65/23) is of utmost importance for legal practice. In theresolution, thePol- ish Supreme Court assumed that if the repair of the vehicle by the injured party has become im- possible, particularly in cases where the vehicle has been sold or repaired, it is not justified to de- termine the amount of compensation from third-party liability insurance for motor vehicle owners as the equivalent of hypothetical repair costs. Another important resolution of thePolish Supreme Court is theresolution of thepanel of seven judges of July 3, 2024 (case file no.III CZP 61/23). As indicated by thePolish Supreme Court, if the court of second instance, as aresult of considering an appeal against ajudgment granting the primary claim, finds this claim to be un- founded, it should modify the appealed judgment by dismissing the primary claim and designat- ing the modified judgment as partial, as well as setting aside the decision on litigation costs con- tained therein. In such acase, the court of second instance leaves the consideration of the alternative claim to the court of first instance.