Supreme Court dismisses appeal claiming second instance court violated procedural rules by not amending the appeal.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by an employee against a second-instance labor court ruling. The employee argued that the second-instance court violated procedural rules by failing to amend the appeal with specific grounds, as the original appeal merely expressed dissatisfaction. The court held that because the plaintiff's initial claim was precise and the second-instance court correctly identified the facts, no amendment was necessary.
Regesto Legislator
Generato dall'IAArt. 368 KPC; Art. 373 KPC: A cassation complaint alleging a violation of procedural rules regarding the amendment of an appeal is inadmissible if the plaintiff's original claim was precise and the second-instance court's decision was based on correct findings of fact without requiring further specification.