Legislator Case Law & Legislation
I PKN 571/00 AI generated

Supreme Court dismisses appeal for allowing evidence not formally admitted at trial, violating directness and equality rules.

Case Number I PKN 571/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding a labor dispute where the lower court relied on evidence not formally admitted at the first instance. The plaintiff argued this violated procedural rules, while the defendant contended the lower court correctly applied specific union protection statutes. The court ruled that using unadmitted evidence breached general procedural principles of directness and equality, thus overturning the second-instance judgment and remanding the case.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 232 KPC: The court of second instance cannot violate procedural rules by considering facts or evidence not formally admitted at the first instance, as this violates the principles of directness, openness, and equality of parties.

Keywords

AI generated
labor dispute cassation evidence admissibility procedural directness equality of parties second instance review formal evidence admission remand for retrial

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 232 KPC
Art. 38 § 1 KP
Art. 30 ust. 1 ustawy o związkach zawodowych
Art. 32 ust. 1 ustawy o związkach zawodowych

Cited Case Law

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