Legislator Case Law & Legislation
I PKN 107/97 AI generated

Supreme Court dismissed cassation as it relied solely on first-instance procedural errors without citing specific violated articles.

Case Number I PKN 107/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by employees against a factory's dismissal for attempted theft. The lower courts found the employees had intentionally sought stolen parts, supported by witness testimony and a site visit, rejecting their claim of accidental presence. The Supreme Court ruled that cassation cannot be based exclusively on first-instance procedural flaws unless a specific violated article is cited, which was absent here.

Legislator headnote

AI generated

Art. 232 KPC; Art. 233 § 1 KPC; Cassation proceedings may not rely solely on first-instance procedural errors without identifying the specific legal provision violated by the second-instance court.

Keywords

AI generated
cassation procedure first instance review procedural error labor dispute evidence assessment Kodeks postępowania cywilnego dismissal of appeal

Cited Legislation

AI generated
Art. 232 KPC
Art. 233 § 1 KPC
Art. 224 § 1 KPC
Art. 393 § 12 KPC

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