I PKN 19/97
AI generated
Supreme Court holds procedural orders do not violate the prohibition of worsening a party's position in civil proceedings.
Legislator summary
AI generatedThe Supreme Court quashed a lower court order transferring a labor dispute to a railway director, ruling it violated the ban on worsening a party's position. The plaintiff argued the transfer was harmful, while the defendant claimed the railway director was the proper authority under specific regulations. The court decided that since the order was purely procedural and did not address the merits, it did not constitute a worsening of the defendant's position.
Legislator headnote
AI generatedArt. 384 KPC; Art. 397 § 2 KPC: The prohibition against worsening a party's position applies only to substantive rulings and does not extend to procedural orders.
Keywords
AI generated
procedural order
reformationis in peius
civil procedure code
labor dispute
jurisdiction transfer
prohibition of worsening
substantive vs procedural
Cited Legislation
AI generatedArt. 384 KPC
Art. 397 § 2 KPC
Art. 464 § 1 KPC
Art. 2 § 3 KPC
§ 46 rozporządzenia Rady Ministrów z dnia 27 grudnia 1974 r.