Legislator Case Law & Legislation
II UKN 49/96 AI generated

Supreme Court dismisses cassation appeal because the judgment date, not reasoning date, determines appeal rights under new civil procedure law.

Case Number II UKN 49/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the defendant against a second-instance labor court judgment. The defendant argued that the appeal was valid because the court's reasoning was prepared after the new law's effective date, despite the judgment itself being issued before. The court ruled that the right to appeal depends strictly on the date the judgment was rendered, not when the reasoning was drafted, rendering the appeal inadmissible.

Legislator headnote

AI generated

Art. 11 ust. 3 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego; The right to file a cassation appeal is determined by the date of the second-instance court's judgment, not the date the reasoning was prepared.

Keywords

AI generated
cassation appeal admissibility judgment date determination civil procedure law amendment labor dispute proceedings reasoning preparation date

Cited Legislation

AI generated
Art. 11 ust. 3 of the Act of March 1, 1996 on amending the Code of Civil Procedure
Art. 393 § 5 of the Code of Civil Procedure
Art. 393 § 1 of the Code of Civil Procedure

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