Legislator Case Law & Legislation
I PKN 57/97 AI generated

Cassation appeal dismissed for lack of specific request on ruling method under Art. 3933 KPC.

Case Number I PKN 57/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 3933 KPC
Art. 3938 § 1 KPC
Art. 130 KPC
Art. 3937 KPC

Cited Case Law

AI generated
C II 109/37
C III 1718/35

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