Legislator Case Law & Legislation
I PKN 93/98 AI generated

Supreme Court dismisses appeal for invalid procedure due to lack of specific legal citation and no actual deprivation of defense rights.

Case Number I PKN 93/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court judgment that rejected his claim for reinstatement and compensation. Although the plaintiff argued that the lower courts deprived him of his right to defense by holding him in custody for a separate matter, the court found no evidence of procedural violations. The court ruled that the appeal lacked a specific statutory basis as required by law and confirmed that the plaintiff had sufficient means to defend his rights despite his detention.

Legislator headnote

AI generated

Art. 393 § 11, 12 KPC; A cassation appeal alleging deprivation of defense rights must cite specific procedural provisions and demonstrate actual impact, and the court will examine such claims sua sponte only if substantiated by facts showing a genuine violation of rights.

Keywords

AI generated
cassation appeal dismissal deprivation of defense rights labor dispute procedure specific legal citation requirement sua sponte review standard custody and legal representation KPC procedural rules

Cited Legislation

AI generated
art. 393 § 11 KPC
art. 393 § 12 KPC
art. 393 § 1 pkt 2 KPC
art. 52 § 1 pkt 1 KP
art. 104 § 1 pkt 9 KP

Cited Case Law

AI generated
wyrok SN z 20 grudnia 1996 r., III CKN 21/96
wyrok SN z 12 marca 1997 r., III CKN 22/97

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