I PKN 107/97
AI generated
Supreme Court dismissed cassation as it relied solely on first-instance procedural errors without citing specific violated articles.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 232 KPC
Art. 233 § 1 KPC
Art. 224 § 1 KPC
Art. 393 § 12 KPC