Legislator Case Law & Legislation
I PKN 615/99 AI generated

Supreme Court dismissed cassation, ruling that ignoring new evidence in second instance violates civil procedure law.

Case Number I PKN 615/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a regional court's decision to reinstate an employee. The regional court had limited the first instance trial to formal validity, while the second instance court incorrectly excluded new evidence and arguments regarding the dismissal's merits presented in the appeal. The court ruled that the second instance judge must consider all evidence necessary for a substantive decision, as the first instance's narrow scope did not preclude the employer from presenting new facts in the appeal.

Legislator headnote

AI generated

Art. 381 KPC; Art. 382 KPC: The second instance court cannot ignore new facts and evidence presented in the appeal if the first instance court limited the evidentiary scope to formalities, as the second instance must conduct a substantive review of the case.

Keywords

AI generated
second instance procedure exclusion of evidence dismissal of employment contract substantive review cassation appeal civil procedure code evidence scope

Cited Legislation

AI generated
art. 381 KPC
art. 382 KPC
art. 39312 KPC

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