Legislator Case Law & Legislation
III PZP 2/05 AI generated

Supreme Court dismisses legal question submission as it is not a legal issue but a factual assessment of employment transfer.

Case Number III PZP 2/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Inadmissible

Legislator summary

AI generated

The Supreme Court of Poland refused to adopt a ruling on a legal question submitted by the lower court regarding an employment transfer. The lower court had found that the transfer of medical tasks and associated assets constituted a change of employer under Article 231 of the Labor Code. The Supreme Court determined that the submitted question was not an abstract legal issue but rather a request to re-evaluate the specific factual circumstances already established by the lower courts. Consequently, the court declined to intervene, ruling that the matter required a decision on the appeal rather than a precedent-setting ruling.

Legislator headnote

AI generated

Art. 231 k.p.; Art. 390 § 1 k.p.c.; A question submitted to the Supreme Court must be an abstract legal issue, not a request to re-evaluate specific factual circumstances already determined by lower courts.

Keywords

AI generated
legal question submission labor code transfer employment relationship change Supreme Court procedure factual assessment review

Cited Legislation

AI generated
Art. 231 k.p.
Art. 390 § 1 k.p.c.
Art. 61 § 1 ustawy z dnia 23 listopada 2002 r. o Sądzie Najwyższym
art. 231 k.p
art. 390 k.p.c
art. 178 ust. 1 Konstytucji
art. 390 § 1 k.p.c
art. 390 § 2 k.p.c

Cited Case Law

AI generated

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