Legislator Case Law & Legislation
I PKN 83/99 AI generated

Cassation dismissed because the case's essence is the correction of a work certificate, not the determination of employment periods for pension purposes.

Case Number I PKN 83/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a worker against a judgment ordering the correction of his work certificate. Although the lower courts incorrectly characterized the suit as merely an inquiry into employment periods for future pension benefits, the Supreme Court held that the legal essence of the case is the request to correct the certificate itself. Consequently, the cassation was inadmissible under Article 393(6) of the Code of Civil Procedure because the right to appeal does not exist for this specific type of request.

Legislator headnote

AI generated

Art. 189 KPC; Art. 233 KPC; Art. 393 § 6 KPC: The admissibility of cassation is determined by the essence of the case, which is the request to correct a work certificate, not by the lower courts' erroneous characterization of the suit as an inquiry into employment periods lacking legal interest.

Keywords

AI generated
cassation admissibility work certificate correction legal interest pension benefits code of civil procedure

Cited Legislation

AI generated
Art. 189 KPC
Art. 233 KPC
Art. 393 § 6 KPC
Art. 97 § 2 KP
Art. 97 § 21 KP

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