Legislator Case Law & Legislation
I PKN 671/99 AI generated

CPC Art 403(3) dismissal: citing a different legal relationship's Supreme Court ruling does not ground a retrial.

Case Number I PKN 671/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal for retrial, rejecting the claim that a newly discovered Supreme Court ruling warranted a new trial. The plaintiff alleged the lower court erred by failing to recognize a prior Supreme Court decision as a new ground for retrial under Article 403 of the Civil Procedure Code. The court held that the cited Supreme Court ruling concerned a distinct legal relationship and therefore did not satisfy the statutory requirements for reopening the proceedings.

Legislator headnote

AI generated

Art. 403 § 3 Kodeksu postępowania cywilnego; A Supreme Court ruling concerning a different legal relationship does not constitute a valid ground for retrial under Article 403 § 3 of the Civil Procedure Code.

Keywords

AI generated
Civil Procedure Code retrial grounds new evidence legal relationship Supreme Court ruling dismissal of appeal procedural error

Cited Legislation

AI generated
art. 403 § 3 KPC
art. 403 § 2 KPC
art. 413 KPC
art. 375 KPC
art. 379 KPC
art. 397 § 1 KPC

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