Legislator Case Law & Legislation
I PKN 234/97 AI generated

Supreme Court dismisses appeal against incidental judge recusal order as it does not end proceedings under Civil Procedure Code.

Case Number I PKN 234/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a second-instance court order rejecting a request to recuse a judge. The appellant argued this procedural ruling violated substantive labor law rights regarding wage confirmation, but the court held that such orders are incidental and do not terminate the main proceedings. Consequently, the appeal was rejected because only final judgments ending the entire case are subject to cassation under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 392 § 1 KPC; Art. 393 § 11, 12 KPC: Cassation applies only to final judgments ending proceedings; incidental orders regarding judge recusal are not subject to cassation as they do not conclude the case.

Keywords

AI generated
cassation appeal incidental order judge recusal final judgment Civil Procedure Code procedural termination second instance court

Cited Legislation

AI generated
Art. 392 § 1 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated
I CZ 38/96

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