Legislator Case Law & Legislation
I PKN 618/99 AI generated

Supreme Court dismissed cassation for failure to cite correct material law provisions supporting the claim.

Case Number I PKN 618/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
cassation appeal requirements material law citation hospital department head recruitment competition invalidation procedural admissibility

Cited Legislation

AI generated
Art. 39312 KPC
Art. 3933 KPC
Art. 368 KPC
Art. 4771 KPC
Art. 382 KPC
Art. 468 § 2 KPC
Art. 189 KPC

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