Legislator Case Law & Legislation
I PKN 11/98 AI generated

Supreme Court dismissed cassation for failure to interview plaintiff, citing lack of unresolved material facts.

Case Number I PKN 11/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
art. 299 KPC
art. 393 11 KPC
art. 393 3 KPC
art. 393 12 KPC
art. 328 § 2 KPC
art. 210 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text