Legislator Case Law & Legislation
I PKN 225/97 AI generated

Supreme Court dismisses appeal as it exceeds cassation limits and misinterprets procedural law.

Case Number I PKN 225/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor court judgment ordering his reinstatement. The appellant argued that the lower court incorrectly applied material law regarding union protection and procedural rules, but the Supreme Court found no valid grounds for cassation. The court ruled that the lower court's assessment relied on material law provisions not challenged in the appeal, which falls outside the strict boundaries of cassation proceedings.

Legislator headnote

AI generated

Art. 393 11 KPC; Art. 477 1 § 2 KPC; Art. 8 KP: The Supreme Court is bound by the scope of cassation grounds and cannot review legal interpretations not raised in the appeal; procedural provisions like Art. 477 1 § 2 KPC do not authorize the court to deem a claim unreasonable without material law basis.

Keywords

AI generated
cassation limits labor law appeal procedural vs material law reinstatement claim union protection rights

Cited Legislation

AI generated
Art. 393 11 KPC
Art. 477 1 § 2 KPC
Art. 8 KP
Art. 45 § 2 KP
Art. 45 § 3 KP
Art. 102 KPC

Cited Case Law

AI generated

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