Legislator Case Law & Legislation
I PZ 58/00 AI generated

Supreme Court allows labor dispute appeal despite missing appeal value, ruling it does not block proper proceedings.

Case Number I PZ 58/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the appellant's cassation against a labor dispute judgment that omitted the value of the subject matter. The appellant had failed to specify the appeal value, which the lower court deemed a formal defect requiring correction. The court ruled that since the appeal targeted a specific monetary amount and did not hinder the proper progression of proceedings, the omission was not fatal. Consequently, the cassation was accepted in part while the correction of the employment certificate was rejected.

Legislator headnote

AI generated

Art. 3933 KPC; Art. 130 § 1 KPC: A cassation appeal in a monetary claim is not barred by the failure to specify the value of the subject matter if the appeal targets a specific sum and does not prevent the proper progression of proceedings.

Keywords

AI generated
labor dispute cassation appeal value of subject matter formal defect proper progression of proceedings Supreme Court civil procedure code

Cited Legislation

AI generated
Art. 3933 KPC
Art. 130 § 1 KPC
Art. 386 § 1 KPC
Art. 397 § 2 KPC
Art. 39318 KPC

Cited Case Law

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