Legislator Case Law & Legislation
I PKN 243/99 AI generated

Supreme Court dismisses appeal; collective agreement validity requires statutory basis; procedural errors belong to first instance.

Case Number I PKN 243/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Halina P. against the Polish State Railways regarding a severance payment. The plaintiff argued that the collective agreement was invalid and procedural errors occurred in the second instance, but the court ruled that collective agreements must be based on statutory provisions to be valid sources of labor law. Furthermore, the court determined that preliminary case examination and explanatory actions are exclusive powers of the first-instance court, making such procedural complaints inadmissible in cassation. Consequently, the cassation was rejected as unfounded under Article 3931 § 2 of the Code of Civil Procedure.

Legislator headnote

AI generated

Art. 9 § 1 KP; Art. 3931 § 1 pkt 1 KPC; Art. 467 § 1 KPC; Art. 468 § 1 KPC; A collective agreement is a source of labor law only if its conclusion is provided for by statute; procedural errors regarding preliminary examination and explanatory actions belong to the first instance and cannot be raised in cassation.

Keywords

AI generated
collective agreement validity source of labor law statutory basis requirement cassation inadmissibility procedural errors first instance preliminary case examination explanatory actions scope

Cited Legislation

AI generated
Art. 9 § 1 KP
Art. 3931 § 1 pkt 1 KPC
Art. 467 § 1 KPC
Art. 468 § 1 KPC
Art. 473 KPC
Art. 246 KPC
Art. 247 KPC
Art. 302 § 1 KPC

Cited Case Law

AI generated

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