Legislator Case Law & Legislation
I PRN 55/95 AI generated

Supreme Court dismissed extraordinary review due to lack of interest and procedural time bar.

Case Number I PRN 55/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Minister of Labour against a lower court's judgment awarding back pay. The plaintiff argued for higher wages based on collective agreements, while the defendant claimed the lower court failed to assess financial capacity. The court ruled that since the awarded amounts were already paid and spent, there was no interest for the state to recover, and the review was also time-barred.

Legislator headnote

AI generated

Art. 213 § 2 k.p.c.; Art. 3 § 2 k.p.c.; Art. 421 § 2 k.p.c.; Art. 409 k.c.; Art. 300 k.p.: An extraordinary review is inadmissible if the judgment does not raise serious doubts requiring further fact-finding and if the state has no interest in recovering amounts already lawfully paid and consumed by the claimant.

Keywords

AI generated
extraordinary review dismissal state interest in recovery procedural time bar collective agreement wages payment of awarded sums

Cited Legislation

AI generated
Art. 213 § 2 k.p.c.
Art. 3 § 2 k.p.c.
Art. 421 § 2 k.p.c.
Art. 409 k.c.
Art. 300 k.p.
art. 2417 § 6 k.p
art. 24116 § 1 k.p
art. 24111 § 2 k.p
art. 3 § 2 k.p.c
art. 213 § 2 k.p.c

Cited Case Law

AI generated
III CRN 188/83
III CRN 232/76

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