Legislator Case Law & Legislation
I PKN 61/99 AI generated

Supreme Court dismisses appeal claiming second instance court violated procedural rules by not amending the appeal.

Case Number I PKN 61/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a second-instance labor court ruling. The employee argued that the second-instance court violated procedural rules by failing to amend the appeal with specific grounds, as the original appeal merely expressed dissatisfaction. The court held that because the plaintiff's initial claim was precise and the second-instance court correctly identified the facts, no amendment was necessary.

Legislator headnote

AI generated

Art. 368 KPC; Art. 373 KPC: A cassation complaint alleging a violation of procedural rules regarding the amendment of an appeal is inadmissible if the plaintiff's original claim was precise and the second-instance court's decision was based on correct findings of fact without requiring further specification.

Keywords

AI generated
cassation appeal dismissal labor law dispute procedural amendment specific grounds requirement second instance court

Cited Legislation

AI generated
Art. 368 KPC
Art. 373 KPC
Art. 299 KPC
Art. 382 KPC
Art. 477 KPC
Art. 5 KPC
Art. 393 KPC

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