I PKN 11/98
AI generated
Supreme Court dismissed cassation for failure to interview plaintiff, citing lack of unresolved material facts.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Helena S. against the Second Instance Court's decision in a labor dispute with a monastery. The plaintiff argued that the trial court violated procedural rules by failing to interview her as a party and ignoring her appeal's request for such an interview. The court rejected these claims, noting that no essential facts remained unexplained and that the plaintiff had legal representation in the first instance.
Legislator headnote
AI generatedArt. 299 KPC; Art. 393 11, 12 KPC: A cassation appeal alleging failure to interview a party is inadmissible if no essential facts for the decision remain unexplained and the party had adequate representation.
Keywords
AI generated
labor dispute
cassation appeal
failure to interview
unresolved facts
procedural violation
legal representation
Kodeks postępowania cywilnego
Cited Legislation
AI generatedart. 299 KPC
art. 393 11 KPC
art. 393 3 KPC
art. 393 12 KPC
art. 328 § 2 KPC
art. 210 KPC