II UKN 417/98
Generato dall'IA
Supreme Court allows retrial request based on new evidence and corrects jurisdiction to first instance court.
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland overturned the appellate court's dismissal of a retrial request regarding pension amounts. The applicant argued that documents proving his underground worker status were newly discovered, while the lower court deemed them known facts. The court ruled that the appeal court had not decided on the merits of the case, thus it lacked jurisdiction to reject the retrial, and ordered the case back to the first-instance court for proper evaluation.
Regesto Legislator
Generato dall'IAArt. 403 § 2 KPC; Art. 405 KPC: A retrial based on restitutory grounds requires a court that has adjudicated the merits of the case to evaluate the new evidence, not a court that merely dismissed the appeal without deciding the substance.
Parole chiave
Generato dall'IA
retrial request
new evidence
jurisdiction of court
substance of case
pension amount
Disposizioni normative citate
Generato dall'IAart. 403 § 2 KPC
art. 405 KPC
art. 410 § 1 KPC
art. 411 KPC
art. 412 KPC