Supreme Court dismissed cassation; court lacks duty to investigate proper defendant in occupational disease compensation appeal.
Legislator summary
AI generatedThe 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 generatedArt. 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.