Supreme Court dismisses appeal, ordering retrial for failure to address defense arguments on employee liability.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal and remanded the case to the Court of Appeal in Gdańsk for a new substantive decision. The lower court had ruled on employee liability regarding the delivery of project documentation, but the Supreme Court found the second-instance judgment failed to properly consider the defendant's specific defenses and factual arguments. Consequently, the court held that the appellate court violated procedural obligations by not engaging with the contested issues of fault and damages.
Regeste Legislator
Généré par l'IAArt. 393 § 1 k.p.c.; Art. 114-117 k.p.: The court of second instance, as the court of substantive jurisdiction, is obligated to consider and rule upon the essential assertions, conclusions, and charges of the defending party; failure to do so requires the cassation court to set aside the judgment and remand the case.