I PKN 57/97
AI generated
Cassation appeal dismissed for lack of specific request on ruling method under Art. 3933 KPC.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Janina S. and Jarosław K. against a labor court judgment. The appellants argued violations of specific articles but failed to include a formal request specifying the manner of the cassation ruling. The court held that omitting this request constitutes a fatal procedural defect under Article 3933 of the Civil Procedure Code, rendering the appeal inadmissible.
Legislator headnote
AI generatedArt. 3933 KPC; Art. 3938 § 1 KPC: A cassation appeal is inadmissible if it lacks a specific request regarding the manner of the ruling, as this omission cannot be cured and prevents the court from determining the scope of review.
Keywords
AI generated
cassation appeal
procedural defect
Civil Procedure Code
inadmissible appeal
request for ruling
Cited Legislation
AI generatedArt. 3933 KPC
Art. 3938 § 1 KPC
Art. 130 KPC
Art. 3937 KPC
Cited Case Law
AI generatedC II 109/37
C III 1718/35