Legislator Case Law & Legislation
I PKN 149/97 AI generated

Supreme Court dismisses appeal for failure to cite legal grounds, even with later submission of a supplementary brief.

Case Number I PKN 149/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court rejected the appellant's cassation appeal against a labor dispute judgment regarding wrongful termination. The appellant argued for a material law violation and procedural error but failed to explicitly cite the specific legal provisions violated in the initial filing. The court held that a supplementary letter submitted within the deadline could not cure this defect because it was not formally filed by the appointed attorney, rendering the appeal inadmissible.

Legislator headnote

AI generated

Art. 393 § 1, 2, 3, 5, 8 KPC; A cassation appeal lacking explicit citation of violated legal provisions is fundamentally defective and cannot be cured by a supplementary document unless filed by the appointed attorney.

Keywords

AI generated
cassation appeal procedural defect failure to cite grounds supplementary brief attorney filing requirement inadmissible appeal labor dispute

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 393 § 2 KPC
Art. 393 § 3 KPC
Art. 393 § 5 KPC
Art. 393 § 8 KPC
Art. 393 § 11 KPC
Art. 393 2 § 1 KPC

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