Where in determining an appeal against an order rejecting a statement of claims it can be clearly established that no ground for rejection exists and the statement of claims is suitable for starting the case initiation phase, the second instance court shall amend the first instance court’s order and shall not reject the statement of claims.
The second instance court shall act in the same way where in his appeal the plaintiff requests the court to quash the order but based on the content of the appeal he in fact alleges that his statement of claims is suitable for initiating the case.