Legislator Case Law & Legislation
I PKN 104/97 AI generated

Supreme Court dismissed cassation for citing material law violations that could not serve as a basis for the judgment.

Case Number I PKN 104/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the plaintiff against the regional court's decision in a labor dispute. The plaintiff alleged violations of procedural rules regarding evidence and the scope of the concept of 'transfer' during liquidation, but failed to substantiate these claims. The court ruled that since the cited material law provisions were not the actual basis for the lower court's decision, they could not constitute grounds for cassation.

Legislator headnote

AI generated

Art. 393 § 11 KPC; Art. 393 § 3 KPC: The Supreme Court reviews cassation appeals only within the limits of the grounds and requests raised by the appellant, and cannot assess material law violations not specifically alleged as the basis for the judgment.

Keywords

AI generated
cassation limits material law violation basis of judgment procedural law labor dispute liquidation transfer interest in legal matter

Cited Legislation

AI generated
art. 382 KPC
art. 386 § 4 KPC
art. 23 § 1 KP
art. 189 KPC
art. 393 § 11 KPC
art. 393 § 3 KPC
art. 393 § 12 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text