Cassation dismissed as inadmissible because the second-instance court failed to rule on the plaintiff's full claim without a request for supplementation.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court rejected the cassation appeal filed by Andrzej K. against a partial judgment in an employment accident compensation case. The lower court altered the first-instance ruling but omitted a decision on the plaintiff's remaining claim for increased disability compensation, which neither party requested to be supplemented. The court held that since no party asked for the judgment to be completed within the statutory period, the cassation targeted a non-existent ruling and was therefore inadmissible under the Civil Procedure Code.
Legislator-Regeste
KI-generiertart. 351, art. 3938 KPC: If a court of the second instance fails to rule on the entirety of a party's claim without a request for supplementation, a cassation appeal against such a partial judgment is inadmissible as it targets a non-existent ruling.