Appeal dismissed; facts known in prior trial do not constitute new discovery under Polish Civil Procedure Code.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appellants' request for a retrial, upholding the lower court's rejection of their claims. The appellants argued that new witness testimonies from a criminal proceeding proved their statements in the labor dispute were false. The court ruled that because these witnesses had already testified in the original labor case, the facts were not 'newly discovered' but merely overlooked by the parties. Consequently, the statutory grounds for reopening the case under Article 403 § 2 of the Civil Procedure Code were not met.
Regesto Legislator
Generato dall'IAArt. 403 § 2 k.p.c.; The concept of 'newly discovered' circumstances or evidence refers strictly to facts or proofs that were completely unknown and unaccessible to the parties in the prior proceedings, excluding facts that were merely overlooked or could have been proven through active participation in the original trial.