Legislator Case Law & Legislation
II UKN 628/99 AI generated

Supreme Court dismissed cassation; court lacks duty to investigate proper defendant in occupational disease compensation appeal.

Case Number II UKN 628/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Adam O. against the regional court's rejection of his claim for occupational disease compensation. The plaintiff argued that the State Treasury should be the proper defendant, while the lower courts determined that the liquidated enterprise and its successor company were not liable. The court ruled that Article 194 of the Civil Procedure Code does not impose a duty on the appellate court to investigate the identity of the proper defendant, as such investigations must occur in the first instance.

Legislator headnote

AI generated

Art. 194 KPC; Art. 391 KPC: The appellate court is not obligated to conduct an investigation to determine the proper defendant, as the duty to add a party arises only in the first instance proceedings.

Keywords

AI generated
occupational disease compensation proper defendant determination appellate court duties civil procedure code liability succession state treasury liability cassation dismissal

Cited Legislation

AI generated
Art. 194 KPC
Art. 477 KPC
Art. 391 KPC
Art. 393 KPC
Art. 232 KPC
Art. 231 Kodeksu pracy
Art. 526 KC
Art. 551 KC
Art. 18a ust. 1 ustawy z dnia 25 września 1981 r. o przedsiębiorstwach państwowych

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