I PKN 411/00
AI generated
Labor dispute appeal dismissed because transfer order does not end proceedings under Polish Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court's decision transferring the case to a civil court. The plaintiff argued for unpaid wages and work certificates, while the labor court ruled the claims fell outside labor law scope. The court held that such transfer orders do not terminate proceedings, making them unappealable via cassation under Article 392 of the Civil Procedure Code.
Legislator headnote
AI generatedArt. 392 § 1 KPC; Art. 393 § 1 KPC: A court order transferring a case to a civil court due to non-labor law claims does not constitute a final decision ending proceedings and is therefore not subject to cassation appeal.
Keywords
AI generated
labor dispute proceedings
case transfer order
civil court jurisdiction
cassation appeal inadmissibility
final decision requirement
Cited Legislation
AI generatedart. 392 § 1 KPC
art. 393 § 1 KPC
Cited Case Law
AI generatedIII PZP 45/88