Legislator Case Law & Legislation
II UKN 417/98 AI generated

Supreme Court allows retrial request based on new evidence and corrects jurisdiction to first instance court.

Case Number II UKN 417/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a retrial request regarding pension amounts. The applicant argued that documents proving his underground worker status were newly discovered, while the lower court deemed them known facts. The court ruled that the appeal court had not decided on the merits of the case, thus it lacked jurisdiction to reject the retrial, and ordered the case back to the first-instance court for proper evaluation.

Legislator headnote

AI generated

Art. 403 § 2 KPC; Art. 405 KPC: A retrial based on restitutory grounds requires a court that has adjudicated the merits of the case to evaluate the new evidence, not a court that merely dismissed the appeal without deciding the substance.

Keywords

AI generated
retrial request new evidence jurisdiction of court substance of case pension amount

Cited Legislation

AI generated
art. 403 § 2 KPC
art. 405 KPC
art. 410 § 1 KPC
art. 411 KPC
art. 412 KPC

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