Legislator Case Law & Legislation
I PKN 190/97 AI generated

Appeal against a dismissed claim filed after the deadline is inadmissible; cassation against a final order on the same claim violates res judicata.

Case Number I PKN 190/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the appeal regarding the reinstatement and back pay claims because they were already finally decided by a lower court, rendering the appeal inadmissible. The appellant had failed to separately appeal the final order dismissing these specific claims within the statutory time limit. Consequently, the court set aside the appellate court's decision to hear these matters, citing a violation of the principle of res judicata and procedural inadmissibility.

Legislator headnote

AI generated

Art. 394 § 2 KPC; Art. 379 pkt 4 KPC: An appeal filed against a claim after the expiration of the appeal period is inadmissible, and attempting to challenge a final judgment on the same claim via cassation violates the principle of res judicata.

Keywords

AI generated
res judicata violation inadmissible appeal expiration of appeal period final judgment effect cassation inadmissibility procedural time limits separate claim dismissal

Cited Legislation

AI generated
Art. 394 § 2 KPC
Art. 379 pkt 4 KPC
Art. 373 KPC
Art. 372 KPC
Art. 393 § 1 KPC
Art. 393 § 5 KPC
Art. 393 § 8 § 1 KPC
Art. 367 KPC

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