Legislator Case Law & Legislation
I PKN 434/97 AI generated

Supreme Court dismisses appeal for facts lacking legal effect under Civil Procedure Code Art. 189.

Case Number I PKN 434/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former auditor against the High Control Chamber regarding the establishment of specific facts. The plaintiff sought to determine whether complaints existed against him in 1993 and if he abused his position for private purposes during a control. The court ruled that Article 189 of the Civil Procedure Code only permits actions to establish legal relationships or rights, not mere factual occurrences unless they directly create legal consequences. Since the plaintiff had already exhausted other legal remedies to challenge his negative work assessment and dismissal, the requested facts were deemed inadmissible for this procedural vehicle.

Legislator headnote

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Art. 189 KPC; Art. 217 § 2 KPC; An action for establishment cannot effectively aim to determine facts lacking legal effect unless they directly result in the existence or non-existence of a legal relationship or right.

Keywords

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action for establishment legal effect Civil Procedure Code factual findings legal relationship exhaustion of remedies cassation appeal

Cited Legislation

AI generated
Art. 189 KPC
Art. 217 § 2 KPC
Art. 393 § 12 KPC
Art. 328 § 2 KPC
Act of 8 November 1980 on the High Control Chamber

Cited Case Law

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