I PKN 48/96
AI generated
Supreme Court dismissed cassation where material law arguments were raised under procedural cassation grounds.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 393 § 1 pkt 2 k.p.c.
Art. 393 § 1 pkt 1 k.p.c.