Legislator Case Law & Legislation
I PKN 245/97 AI generated

Supreme Court dismisses cassation against labor court's rejection of retrial request due to procedural errors.

Case Number I PKN 245/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a driver against a labor court's decision rejecting his request for a retrial. The plaintiff argued that new evidence and a change in law justified reopening the case regarding his dismissal for forgery. The court ruled that neither newly discovered evidence after the final judgment nor a subsequent change in statute constitutes a valid ground for retrial under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 392 § 1 KPC; Art. 403 § 2 KPC; Art. 3931 KPC: A cassation appeal against a labor court's decision to reject a retrial request is inadmissible if the grounds cited do not meet the statutory requirements for retrial, and the lower court correctly applied the law to dismiss the claim.

Keywords

AI generated
labor law retrial request cassation appeal civil procedure code dismissal of contract new evidence change in law

Cited Legislation

AI generated
Art. 392 § 1 KPC
Art. 403 § 2 KPC
Art. 3931 KPC
Art. 405 KPC
Art. 387 § 1 KPC
Art. 412 § 2 KPC
Art. 52 § 2 KP
Art. 62 KP

Cited Case Law

AI generated
II CKN 39/97

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