Legislator Case Law & Legislation
II UKN 542/99 AI generated

Cassation dismissed for alleging material law violation without statutory basis or new evidence. The court rejected the claim as inadmissible.

Case Number II UKN 542/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's order rejecting a request for retrial. The appellant argued that the court violated material law regarding pension revaluation and failed to consider new evidence about school records and expert opinions. The court ruled that the alleged violation of the revaluation act was irrelevant to the retrial request and that the cited procedural grounds were unfounded since the evidence was not new.

Legislator headnote

AI generated

Art. 393 § 12 k.p.c.; Art. 403 § 2 k.p.c.; Art. 5 ust. 3 ustawy o rewaloryzacji emerytur i rent: A claim alleging violation of material law cannot serve as a valid ground for cassation if it does not constitute a statutory basis for retrial, and new evidence must not have existed prior to the final judgment.

Keywords

AI generated
cassation appeal retrial request material law violation new evidence requirement pension revaluation act

Cited Legislation

AI generated
Art. 393 § 12 k.p.c.
Art. 403 § 2 k.p.c.
Art. 5 ust. 3 ustawy z dnia 17.X.1991 r. o rewaloryzacji emerytur i rent

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