Supreme Court allows new evidence in second instance to clarify disputed facts despite appeal prohibition.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the appellate court's decision denying the applicant a disability pension. The lower court had refused to admit new medical evidence, citing Article 384 of the Code of Civil Procedure which prohibits worsening the appellant's situation. The Supreme Court ruled that this prohibition does not bar necessary supplementary evidence required to resolve factual disputes between parties. Consequently, the case was remanded for a new trial where such evidence could be properly evaluated.
Legislator headnote
AI generatedArt. 384 KPC; Art. 63 ust. 1 ustawy o z.e.p.; The prohibition against worsening an appellant's situation does not forbid the admission of necessary supplementary evidence in the second instance if such evidence is essential for clarifying disputed facts between the parties.