Legislator Case Law & Legislation
I PKN 401/99 AI generated

Final judgment dismissed cassation because a prior binding interim ruling already settled the legal basis of the claim.

Case Number I PKN 401/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a final judgment regarding judicial salary equalization. The lower courts had previously issued a binding interim ruling establishing that the claimant's salary should be calculated based on Article 71 of the Judges' Organization Act. The Supreme Court held that this prior ruling precluded the parties from challenging the legal basis of the claim in the subsequent proceedings, even though they disputed the specific monetary amount.

Legislator headnote

AI generated

Art. 318 § 1 KPC; Art. 393 § 12 KPC: A binding interim judgment that finds a claim substantively justified prevents parties from contesting the legal basis of that claim in later stages of the proceedings.

Keywords

AI generated
binding interim judgment legal basis preclusion judicial salary equalization cassation dismissal procedural binding force

Cited Legislation

AI generated
Art. 318 § 1 KPC
Art. 393 § 12 KPC
Art. 71 ust. 1 Prawo o ustroju sądów powszechnych
ustawa z dnia 10 grudnia 1993 r. o kształtowaniu środków na wynagrodzenia w państwowej sferze budżetowej w 1994 r.

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