Legislator Case Law & Legislation
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.

Case Number I PKN 19/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 384 KPC
Art. 397 § 2 KPC
Art. 464 § 1 KPC
Art. 2 § 3 KPC
§ 46 rozporządzenia Rady Ministrów z dnia 27 grudnia 1974 r.

Cited Case Law

AI generated

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