Legislator Case Law & Legislation
II UKN 544/99 AI generated

Supreme Court quashes appeal judgment for failure to evaluate new evidence submitted after first instance verdict.

Case Number II UKN 544/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's judgment dismissing the plaintiff's appeal regarding early retirement benefits. The plaintiff submitted a new employment record after the first instance verdict, arguing it should have been considered to prove a missing year of employment. The court ruled that the appellate court violated procedural law by failing to evaluate this new evidence or explain its exclusion.

Legislator headnote

AI generated

art. 381 KPC; art. 328 § 1 KPC: If a party introduces new evidence after the first instance judgment, the appellate court must either conduct the evidence or explicitly state in its reasoning why it was disregarded.

Keywords

AI generated
new evidence after judgment appellate court procedure employment record validity early retirement benefits procedural violation

Cited Legislation

AI generated
art. 381 KPC
art. 328 § 1 KPC
art. 3931 pkt 2 KPC
art. 382 KPC
art. 3931 § 1 KPC

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