Supreme Court dismisses appeal for allowing evidence not formally admitted at trial, violating directness and equality rules.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the plaintiff's cassation appeal regarding a labor dispute where the lower court relied on evidence not formally admitted at the first instance. The plaintiff argued this violated procedural rules, while the defendant contended the lower court correctly applied specific union protection statutes. The court ruled that using unadmitted evidence breached general procedural principles of directness and equality, thus overturning the second-instance judgment and remanding the case.
Regeste Legislator
Généré par l'IAArt. 393 § 1 KPC; Art. 232 KPC: The court of second instance cannot violate procedural rules by considering facts or evidence not formally admitted at the first instance, as this violates the principles of directness, openness, and equality of parties.