Legislator Case Law & Legislation
I PKN 226/98 AI generated

Supreme Court dismisses cassation when factual changes render prior legal interpretation obsolete.

Case Number I PKN 226/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor dispute judgment regarding a public official's employment status. The plaintiff argued that a prior Supreme Court interpretation required reinstatement and damages, but the lower court correctly applied the law based on new facts. The court ruled that the binding legal interpretation became invalid because the district council revoked the plaintiff's mandate, changing the factual circumstances since the original decision. Consequently, the lower court's refusal to reinstate the plaintiff was legally sound, and the appeal was rejected.

Legislator headnote

AI generated

Art. 393 17 KPC; Art. 59 KP: A binding legal interpretation by the Supreme Court loses its validity if the factual circumstances change after the decision, preventing its application to new cases.

Keywords

AI generated
binding legal interpretation change of factual circumstances cassation appeal dismissal public official employment reinstatement of office labor law interpretation statutory binding force

Cited Legislation

AI generated
art. 393 17 KPC
art. 59 KP
art. 57 KP
art. 31 ustawy o pracownikach samorządowych

Cited Case Law

AI generated
II CR 536/73

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