Legislator Case Law & Legislation
I PKN 549/99 AI generated

Supreme Court dismisses cassation for failure to prove intentional damage before applying statute of limitations.

Case Number I PKN 549/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor dispute judgment regarding the statute of limitations. The plaintiff argued that the employer's claim for intentional damage should have been considered to extend the limitation period, but the lower courts had not established this fact. The court ruled that without prior factual findings on whether the damage was intentional, the application of the shorter limitation period was legally correct, thus validating the dismissal of the claim.

Legislator headnote

AI generated

Art. 291 § 2 KP; Art. 383 KPC: A claim for intentional damage must be substantiated with specific facts before the statute of limitations can be extended; failure to establish this fact prior to applying the standard limitation period does not constitute a procedural violation warranting cassation.

Keywords

AI generated
statute of limitations intentional damage labor dispute cassation appeal procedural violation evidence standard limitation period extension

Cited Legislation

AI generated
Art. 291 § 2 KP
Art. 383 KPC
Art. 381 KPC
Art. 393 § 1 KPC

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