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.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 392 § 1 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC
Cited Case Law
AI generatedI CZ 38/96