Legislator Case Law & Legislation
I PKN 484/99 AI generated

Supreme Court dismissed cassation; second instance court need not address all appeal complaints.

Case Number I PKN 484/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employee against the regional court's decision to reject his claim for reinstatement. The employee argued that the second-instance court violated procedural rules by failing to address all complaints raised in the appeal and by relying on evidence without proper verification. The court ruled that Article 378 § 1 of the Code of Civil Procedure does not mandate the consideration of every appeal complaint and that the lower court's factual findings were well-supported.

Legislator headnote

AI generated

Art. 378 § 1 KPC; Art. 328 § 2 KPC: The second-instance court is not obliged to consider all complaints in the appeal and must decide within the scope of the appeal.

Keywords

AI generated
Code of Civil Procedure second instance court scope of appeal cassation dismissal procedural compliance

Cited Legislation

AI generated
Art. 378 § 1 KPC
Art. 328 § 2 KPC
Art. 233 § 1 KPC
Art. 382 KPC
Art. 393 § 12 KPC

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