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.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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