Legislator Case Law & Legislation
I PO 1/96 AI generated

Supreme Court dismisses retrial appeal based on inconsistent case law as it lacks statutory grounds under Polish Civil Procedure Code.

Case Number I PO 1/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the union's retrial appeal against a final decision regarding its representative status. The appellant argued for evidence of prior court rulings to correct the legal interpretation, claiming inconsistency with other judgments. The court ruled that such prior rulings are not factual circumstances or new evidence under the Civil Procedure Code, as they do not alter the legal relationship already decided.

Legislator headnote

AI generated

Art. 399-416 k.p.c.; Art. 403 § 2 k.p.c.; Art. 410 § 1 k.p.c.: A retrial appeal based solely on the ground of inconsistent case law is inadmissible because prior judicial decisions are not factual circumstances or new evidence capable of influencing the outcome under the statutory requirements for retrial.

Keywords

AI generated
retrial appeal admissibility inconsistent case law civil procedure code new evidence requirement legal interpretation error

Cited Legislation

AI generated
Art. 399-416 k.p.c.
Art. 403 § 2 k.p.c.
Art. 410 § 1 k.p.c.
art. 24117 § 1 pkt 2 k.p
art. 403 § 2 k.p.c
art. 410 § 1 k.p.c

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