Legislator Case Law & Legislation
I PKN 224/98 AI generated

Supreme Court dismisses appeal partially, remanding specific issues to lower court on costs.

Case Number I PKN 224/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal in part regarding the termination of the employment relationship while rejecting the claim for readmission to the position. The court remanded the specific issue of procedural costs to the lower court for a new decision. This ruling was based on the principle that the second-instance judgment did not fully conclude the proceedings for the contested portion, necessitating a fresh determination by the first-instance court.

Legislator headnote

AI generated

Art. 392 § 1 KPC; Art. 393 § 1, 12 KPC: When a cassation appeal is partially dismissed and the second-instance judgment did not fully conclude the proceedings regarding the contested part, the Supreme Court remands the case to the first-instance court for a new decision on the specific issues and costs.

Keywords

AI generated
cassation appeal employment relationship remand proceedings procedural costs second instance judgment dismissal of appeal labor law

Cited Legislation

AI generated
art. 392 § 1 KPC
art. 393 § 1 KPC
art. 393 § 12 KPC
art. 108 § 2 KPC

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