II PK 7/08
AI generated
Supreme Court allows cassation appeal regarding failure to address non-appealable court rulings in second instance judgment.
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal against a second-instance judgment that dismissed a counterclaim. The appellant argued that the lower court ignored specific non-appealable procedural rulings which should have been addressed under Article 380 of the Civil Procedure Code. The court held that while the second-instance judge must address all such grievances, the appellant failed to timely object to the lower court's procedural errors during the trial, thus barring the claim.
Legislator headnote
AI generatedArt. 380 k.p.c.; Art. 162 k.p.c.: The second-instance court must address all non-appealable rulings cited by the appellant, but a party cannot successfully claim procedural violations if they did not raise them during the trial session.
Keywords
AI generated
second instance procedure
non-appealable rulings
cassation appeal
procedural violations
timely objection requirement
counterclaim dismissal
Civil Procedure Code
Cited Legislation
AI generatedArt. 378 § 1 k.p.c.
Art. 380 k.p.c.
Art. 162 k.p.c.
Art. 398 § 1 k.p.c.
art. 378 § 1 k.p.c
art. 100 § 2 pkt 4 k.p
art. 6 k.c
art. 233 § 1 k.p.c
art. 227 k.p.c
art. 266 k.k
Cited Case Law
AI generatedIII CZP 49/07
Appeal court bound by procedural but not material claims; voidness considered ex officio.
III CZP 55/05
Plaintiff loses appeal right for procedural errors in non-appealable rulings if not raised immediately.
III CKN 55/97
III CZP 62/02
Supreme Court refused to rule on 30-year acquisitive prescription due to premature legal assessment.
I PK 169/05
Supreme Court dismisses appeal, ruling discrimination claims invalid due to procedural errors and temporal gaps in mobbing laws.
II PK 318/06
Supreme Court dismissed cassation appeal regarding return to job, ruling previous position was CEO not environmental manager.
II PK 122/07
Supreme Court allows dismissal of employer's termination due to abuse of right and violation of social coexistence principles.