Legislator Case Law & Legislation
I PKN 71/96 AI generated

Supreme Court dismissed appeal, ruling evidence requests in cassation to change facts are inadmissible delays.

Case Number I PKN 71/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding her dismissal for drunkenness at work. The plaintiff requested expert evidence to challenge the factual findings on her blood alcohol level and reaction, arguing procedural violations. The court held that cassation proceedings are limited to legal review and cannot alter facts established by lower courts, making evidence requests aimed at changing facts inadmissible.

Legislator headnote

AI generated

Art. 217 § 2 KPC; Art. 227 KPC: Evidence requests in cassation proceedings aimed at changing or supplementing factual findings are inadmissible as they constitute mere delays, and the Supreme Court is bound by the facts established by lower courts.

Keywords

AI generated
cassation proceedings inadmissible evidence factual findings procedural delay labor law dismissal alcohol intoxication Supreme Court review

Cited Legislation

AI generated
Art. 217 § 2 KPC
Art. 227 KPC
Art. 39311 KPC
Art. 39312 KPC
Art. 39315 KPC

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