Polish Supreme Court dismisses appeal when defendant withdraws it, treating withdrawal as losing the lower instance.

The Supreme Court of Poland dismissed the cassation appeal filed by the coal mine against a labor reinstatement judgment. The defendant withdrew the appeal on April 25, 2000, while the plaintiff maintained her claim and requested the withdrawal costs. The court ruled that withdrawing a cassation appeal constitutes losing the case in the lower instance under Article 98 § 1 of the Civil Procedure Code, thereby ordering the dismissal of the proceedings and awarding the costs to the plaintiff.