Legislator Case Law & Legislation
I PKN 48/96 AI generated

Supreme Court dismissed cassation where material law arguments were raised under procedural cassation grounds.

Case Number I PKN 48/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after termination. The appellant argued procedural violations and questioned the factual basis of the dismissal, but the Supreme Court noted that the cassation complaint was based on a procedural ground (Article 393 § 1, item 2 of the Code of Civil Procedure) while the arguments presented concerned substantive law violations. Consequently, the court ruled that these substantive arguments could not be considered as they fell outside the scope of the procedural cassation basis.

Legislator headnote

AI generated

Art. 393 § 1 pkt 2 k.p.c.; Art. 393 § 1 pkt 1 k.p.c.; If cassation is based on a procedural ground, substantive law arguments cannot be considered by the Supreme Court.

Keywords

AI generated
cassation appeal procedural ground substantive law dismissal of contract Supreme Court

Cited Legislation

AI generated
Art. 393 § 1 pkt 2 k.p.c.
Art. 393 § 1 pkt 1 k.p.c.

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