Legislator Case Law & Legislation
I PK 67/02 AI generated

Supreme Court dismisses appeal where tenant company failed to challenge landlord's dismissal of employee.

Case Number I PK 67/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal filed by a tenant company against a labor dispute judgment involving its landlord. The lower court had ruled in favor of the employee against the landlord, while dismissing claims against the tenant, but the tenant's appeal did not explicitly challenge the dismissal of the employee's claims. The court determined that because the tenant did not formally contest the portion of the first-instance judgment regarding the landlord, that part of the judgment became final and binding. Consequently, the Supreme Court refused to allow the tenant to alter the final judgment through the appeal process.

Legislator headnote

AI generated

Art. 370 k.p.c.; Art. 373 k.p.c.: An appeal by one co-litigant against a judgment partially dismissing claims against a co-defendant does not render the judgment final in that specific scope if the appeal does not explicitly challenge that dismissal, thereby preventing the appellate court from altering a final judgment without violating the principle of res judicata.

Keywords

AI generated
res judicata scope of appeal co-defendant finality of judgment labor dispute appellate procedure res judicata violation

Cited Legislation

AI generated
Art. 370 k.p.c.
Art. 373 k.p.c.
art. 231 k.p
art. 936 § 1 k.p.c
art. 65 § 1 k.c
art. 411 k.p
art. 177 § 4 k.p
art. 1002 k.p.c
art. 936 k.p.c
art. 1000 k.p.c

Cited Case Law

AI generated

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