Legislator Case Law & Legislation
I PKN 362/98 AI generated

Supreme Court dismisses cassation on procedural grounds regarding late supplementary appeal and res judicata.

Case Number I PKN 362/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a district court's judgment in a wage dispute. The plaintiff had filed a supplementary appeal after the deadline, seeking to reopen claims already finally decided by a prior judgment. The court ruled that the supplementary appeal was inadmissible because the disputed claims were already resolved by a final decision, making the legal path for such claims closed under civil procedure law. Consequently, the cassation was rejected as it lacked justified grounds for overturning the lower court's application of res judicata principles.

Legislator headnote

AI generated

Art. 199 § 1 pkt 2 KPC; Art. 393 § 12 KPC: A supplementary appeal filed after the statutory deadline is inadmissible when it concerns claims already finally decided by a prior judgment, as the legal path for such claims is closed due to identity of subject matter and parties.

Keywords

AI generated
supplementary appeal statutory deadline res judicata identity of subject matter inadmissible appeal final judgment civil procedure code

Cited Legislation

AI generated
Art. 199 § 1 pkt 2 KPC
Art. 393 § 12 KPC
Art. 65 § 1 KPC
Art. 86 KPC
Art. 93 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text