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I PK 82/11 AI generated

Cassation appeal dismissed; court cannot review facts or new claims in retrial proceedings under Polish Civil Procedure Code.

Case Number I PK 82/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed cassation appeals against a labor dispute judgment regarding wrongful termination and lost pension rights. The plaintiff argued for reconsideration of factual findings and new claims, but the court held that retrial proceedings strictly follow the grounds for retrial in the Civil Procedure Code. Consequently, the court could not examine facts established in the second-instance judgment or address claims not covered by the retrial basis.

Legislator headnote

AI generated

Art. 412 § 1 k.p.c.; Art. 398 § 2 k.p.c.; Art. 3983 § 3 k.p.c.: In retrial proceedings, the court does not adjudicate claims first raised in such proceedings nor previously raised claims not covered by the retrial basis, and is bound by the factual findings of the challenged judgment.

Keywords

AI generated
retrial proceedings civil procedure code cassation appeal factual findings labor dispute burden of proof civil liability

Cited Legislation

AI generated
art. 412 § 1 k.p.c.
art. 398 § 2 k.p.c.
art. 3983 § 3 k.p.c.
art. 6 k.c.
art. 415 k.c.
art. 100 k.p.c.
art. 58 k.p.
art. 412 § 1 k.p.c
art. 445 k.c
art. 77 Konstytucji RP

Cited Case Law

AI generated
I PK 38/10
Cessation of employment due to employee's fault excludes causation for damages from unemployment period.
I PK 252/03
III UK 5/09
Supreme Court dismissed appeal for retrial as facts did not alter the final judgment's content.
III CSK 56/07
Supreme Court dismisses appeal for retrial as no statutory ground existed despite formal citation errors.
III CSK 311/10
Supreme Court dismisses cassation appeal regarding forged contract and bill of exchange validity in debt recovery case.
II CSK 501/08
Supreme Court dismisses appeal on boundary dispute, upholding ownership rights and possession against state claims.
III UK 20/09
Supreme Court dismisses appeal, ruling new facts must be weighed with old evidence and unconstitutional laws don't auto-allow claims.

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