Supreme Court dismissed appeal, ruling expert opinion sufficed without new expert due to negative performance reviews.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a dismissed academic against his termination and other claims. The lower court relied on a negative performance evaluation and an expert opinion stating the defendant's assigned tasks were feasible, rejecting the plaintiff's request for a new expert solely based on dissatisfaction. The court held that the defendant's complete refusal to perform duties, rather than task impossibility, justified the termination and the existing expert assessment was legally sufficient.
Regesto Legislator
Generato dall'IAArt. 233 § 1 KPC; Art. 286 KPC; Art. 94 ust. 1 pkt 2 ustawy o szkolnictwie wyższym: A request for a new expert opinion is not justified merely by a party's dissatisfaction with a previous opinion but requires specific circumstances indicating the original assessment was factually incorrect or legally insufficient.