Legislator Case Law & Legislation
I PKN 265/00 AI generated

Supreme Court dismissed cassation for failure to link material law violation to established facts.

Case Number I PKN 265/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the plaintiff against the appellate court's judgment. The plaintiff argued that the lower court incorrectly interpreted Article 81 § 2 of the Labor Code regarding the employee's readiness to work. The court ruled that a material law violation must be assessed specifically against the established facts of the case, not hypothetical scenarios. Consequently, the appeal was rejected because the cassation complaint did not properly address the factual findings made by the appellate court.

Legislator headnote

AI generated

Art. 393 § 1 pkt 1 KPC; Art. 81 § 2 KP: A violation of material law serving as a basis for cassation must be directed at the established state of facts in the case, not at hypothetical situations or abstract legal interpretations.

Keywords

AI generated
cassation appeal dismissal material law violation established facts requirement labor code interpretation readiness to work appellate court judgment procedural error

Cited Legislation

AI generated
Art. 393 § 1 pkt 1 KPC
Art. 81 § 2 KP

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