Legislator Case Law & Legislation
I PKN 258/98 AI generated

Supreme Court dismissed appeal on procedural grounds and awarded costs to the losing party's lawyer.

Case Number I PKN 258/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the labor court's decision to reject the plaintiff's claim for reinstatement. The court found the appeal filed outside the statutory deadline under Article 264 of the Code of Civil Procedure, rendering the appeal inadmissible. Consequently, the court awarded the defendant the right to recover litigation costs, applying a specific judicial interpretation to the fee regulation despite the lawyer's absence from the hearing.

Legislator headnote

AI generated

Art. 264 § 1 k.p.; Art. 98 § 1 k.p.c.; Art. 393 § 6 k.p.c.; Art. 393 § 12 k.p.c. - An appeal filed after the statutory deadline is inadmissible, and the opposing party is entitled to recover costs even if their counsel did not personally appear at the cassation hearing.

Keywords

AI generated
cassation appeal statutory deadline inadmissible appeal litigation costs labor law dispute code of civil procedure legal representation fees

Cited Legislation

AI generated
Art. 264 § 1 k.p.
Art. 98 § 1 k.p.c.
Art. 393 § 6 k.p.c.
Art. 393 § 12 k.p.c.
§ 15 ust. 4 pkt 2 rozporządzenia Ministra Sprawiedliwości z dnia 12 grudnia 1997 r.

Cited Case Law

AI generated
III CZP 60/71

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