Legislator Case Law & Legislation
I PO 10/94 AI generated

Supreme Court dismisses judge disqualification request when all judges of an appellate court jointly request removal due to conflict of interest.

Case Number I PO 10/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the request by all judges of the appellate court in Katowice to be disqualified from a labor dispute case. The judges argued that the plaintiff, a court member, was known to them through their roles as jurors and judges, creating a personal relationship that threatened judicial impartiality under Article 49 of the Civil Procedure Code. The court held that when all judges of an appellate court jointly request disqualification due to such circumstances, the Supreme Court must rule on the matter under Article 52, § 1 of the Civil Procedure Code.

Legislator headnote

AI generated

Art. 49 k.p.c.; Art. 52 § 1 k.p.c.: When all judges of an appellate court jointly request disqualification due to a personal relationship with a party that threatens impartiality, the Supreme Court rules on the matter under Article 52, § 1, and the court must actively verify the existence of such a relationship.

Keywords

AI generated
judicial disqualification personal relationship impartiality joint request Supreme Court jurisdiction conflict of interest labor dispute

Cited Legislation

AI generated
Art. 49 k.p.c.
Art. 52 § 1 k.p.c.
Art. 48 k.p.c.
Art. 51 k.p.c.
Art. 47715 § 2 k.p.c.
art. 49 k.p.c
art. 52 § 1 k.p.c
art. 49 k.p
art. 48 k.p.c
art. 50 k.p.c

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