Legislator Case Law & Legislation
I PKN 175/00 AI generated

Supreme Court dismisses appeal due to invalid appellate procedure allowing claim change after trial closure.

Case Number I PKN 175/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's judgment and remanded the case for retrial. The lower court improperly allowed the plaintiff to substitute a claim for severance pay with a claim for readiness pay after the trial concluded. The court ruled this procedural violation rendered the proceedings void under Article 379(5) of the Civil Procedure Code. Consequently, the appellate court failed to assess the merits of the original case.

Legislator headnote

AI generated

Art. 383 KPC; Art. 379 pkt 5 KPC: Allowing a change of the plaintiff's claim after the trial has closed, without giving the defendant an opportunity to defend its rights, renders the proceedings void.

Keywords

AI generated
change of claim appellate procedure void proceedings trial closure civil procedure code severance pay readiness pay

Cited Legislation

AI generated
Art. 383 KPC
Art. 379 pkt 5 KPC
Art. 393 § 1 KPC

Cited Case Law

AI generated

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