Legislator Case Law & Legislation
II UKN 3/99 AI generated

Supreme Court dismisses appeal; judge's employment relationship alone does not mandate recusal under Polish law.

Case Number II UKN 3/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a miner against a coal company regarding his compensation claim. The appellant argued that a judge sitting on the case was an employee of the defendant, violating recusal rules, and claimed the court ignored evidence of his continued employability. The court ruled that merely holding an employment relationship with a party is insufficient grounds for automatic recusal, as the appellant failed to prove the judge's impartiality was compromised.

Legislator headnote

AI generated

Art. 48 § 1 pkt 1 KPC; Art. 444 § 2 KC: The mere fact that a judge or juror maintains an employment relationship with one of the parties does not constitute a sufficient statutory basis for their mandatory recusal; the party must demonstrate that the specific case outcome affects the judge's rights or obligations.

Keywords

AI generated
mandatory recusal employment relationship judge impartiality cassation appeal labor law judicial independence coal mining

Cited Legislation

AI generated
Art. 48 § 1 pkt 1 KPC
Art. 444 § 2 KC

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