The subject of the dispute concerns the possibility of appealing a court order refusing to modify the subject of the claim separately from the court’s decision. The court was guided by the fact that the application to change the subject of the claim is a “statement” within the meaning of procedural law, and the refusal to satisfy it prevents the plaintiff from resubmitting a similar application. At the same time, appealing such a refusal together with the court’s decision would not be effective, as the decision would be made without taking into account the modified subject of the claim. The court also took into account that the lack of an opportunity to appeal would force the plaintiff to file a separate lawsuit, which would contradict the principle of procedural economy.
The Supreme Court revoked the appellate court’s order to return the appeal and sent the case for a new review, recognizing the plaintiff’s right to appeal the order refusing to modify the subject of the claim separately from the court’s decision.
