Legislator Case Law & Legislation
I PKN 247/00 AI generated

Supreme Court dismisses cassation appeal regarding failure to recognize case essence in second instance proceedings.

Case Number I PKN 247/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the Court of Appeal's decision in a labor dispute. The appellant argued that the lower court failed to examine the essence of the case regarding the calculation of notice period compensation. The court ruled that such a failure constitutes a defect relevant only to appellate review, not a ground for cassation. Consequently, the appeal was rejected, and the case was remanded to the Court of Appeal for a new trial.

Legislator headnote

AI generated

art. 386 § 4 KPC; art. 3931 § 1 KPC; The failure of the second instance court to recognize the essence of the case is a defect subject to appellate review but cannot serve as a justified ground for cassation.

Keywords

AI generated
failure to recognize case essence cassation appeal grounds appellate review defect labor dispute compensation notice period calculation

Cited Legislation

AI generated
art. 386 § 4 KPC
art. 3931 § 1 KPC
art. 264 KP
art. 265 KP
art. 36 § 11 KP
art. 291 KP

Cited Case Law

AI generated
I PR 279/90

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