Supreme Court dismisses appeal, ruling Art. 390 KPC does not mandate second-instance courts to refer legal issues to the Supreme Court.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Jan K. against the appellate court's decision in a patent remuneration dispute. The appellant argued that the lower court misinterpreted regulations regarding inventor rewards and that the appellate court should have referred a legal question to the Supreme Court under Article 390 of the Civil Procedure Code. The court rejected this, noting that Article 390 does not impose an obligation on second-instance courts to refer questions when cassation is available, and that the appellant had already utilized his cassation rights twice. Consequently, the appeal was rejected without a new interpretation of the relevant regulations.
Legislator headnote
AI generatedArt. 390 KPC; Art. 393 KPC: The second-instance court is not obligated to refer a legal question to the Supreme Court even if it raises serious doubts, provided cassation is available to the parties.