Legislator Case Law & Legislation
I PKN 521/97 AI generated

Failure to notify labor inspector of hearing invalidates proceedings due to denial of defense rights.

Case Number I PKN 521/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court vacated the lower court judgments and remanded the case for a new trial because the labor inspector was not notified of the hearing dates. The inspector, having entered the proceedings on behalf of the plaintiff, argued that his failure to attend deprived him of the ability to defend his procedural rights. The court ruled that the inspector acts as a party in such cases, and thus the lack of notice violated the statutory requirement for a fair defense.

Legislator headnote

AI generated

Art. 63 § 1 KPC; Art. 379 § 5 KPC: The labor inspector entering proceedings on behalf of the plaintiff is treated as a party; failure to notify them of a hearing invalidates the proceedings due to the denial of their right to defense.

Keywords

AI generated
labor inspector procedural rights right to defense invalidity of proceedings labor law dispute civil procedure vacatur of judgment

Cited Legislation

AI generated
Art. 63 § 1 KPC
Art. 379 § 5 KPC
Art. 393 § 13 KPC
Art. 386 § 2 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated
III CZP 87/67

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