Legislator Case Law & Legislation
II UKN 402/98 AI generated

Supreme Court dismisses retrial request claiming Supreme Court interpretation is new evidence under Art. 403 § 2 KPC.

Case Number II UKN 402/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a pharmaceutical company against a social insurance fund's decision on contribution payment deadlines. The appellant argued that a Supreme Court ruling from a different case constituted new circumstances under Article 403 § 2 of the Code of Civil Procedure, warranting a retrial. The court rejected this, holding that Supreme Court rulings in other matters are merely persuasive guidance and do not qualify as new facts or evidence capable of overturning a final judgment.

Legislator headnote

AI generated

Art. 403 § 2 KPC; Art. 3931 § 1 KPC: A Supreme Court ruling in a different case does not constitute new circumstances or evidence under Article 403 § 2 of the Code of Civil Procedure and cannot serve as a ground for reopening proceedings.

Keywords

AI generated
reopening proceedings new circumstances Supreme Court ruling Code of Civil Procedure cassation appeal social insurance contributions legal interpretation

Cited Legislation

AI generated
Art. 403 § 2 KPC
Art. 328 § 2 KPC
Art. 361 KPC
Art. 3931 § 1 KPC
Art. 3938 § 2 KPC

Cited Case Law

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