I PKN 44/96
AI generated
Supreme Court quashes labor dispute judgment for changing witness credibility without new evidence.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the appellate court's judgment in a labor dispute, ordering a retrial by the lower court. The plaintiff argued that the appellate court illegally altered the factual findings regarding witness credibility without conducting new evidence proceedings. The court ruled that under the Civil Procedure Code, an appellate court cannot make new factual determinations based solely on a different assessment of witness credibility unless it re-conducts the testimony.
Legislator headnote
AI generatedArt. 477 § 4 KPC; Art. 385 § 1 KPC: An appellate court, without re-conducting evidence, cannot make new factual findings differing from the first-instance court if they result solely from a different assessment of witness credibility.
Keywords
AI generated
appellate court limitations
witness credibility assessment
civil procedure code
labor dispute law
evidence re-conduction
factual findings review
judicial retrial order
Cited Legislation
AI generatedArt. 477 § 4 KPC
Art. 385 § 1 KPC
Art. 390 § 1 KPC
Art. 393 § 13 § 1 KPC