Supreme Court dismissed cassation for failure to cite correct material law provisions supporting the claim.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Lech B. against the Regional Court's decision regarding his dismissal as a hospital department head. The appellant failed to correctly cite the specific material law provisions necessary to substantiate his claim that his previous position should be reinstated following the invalidation of a recruitment competition. The court ruled that while the Regional Court did not require the precise legal basis in the initial complaint, the cassation petition itself must explicitly identify and justify the relevant substantive laws, which the appellant omitted or misidentified.
Legislator headnote
AI generatedArt. 39312 KPC; Art. 3933 KPC: A cassation appeal must cite and justify the specific material law provisions supporting the claim; failure to do so renders the appeal inadmissible.