Legislator Case Law & Legislation
I PKN 580/00 AI generated

Cassation dismissed; failure to object to procedural defect within time limits bars further appeal.

Case Number I PKN 580/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court's dismissal of a severance pay claim. The plaintiff failed to raise objections regarding the non-service of documents and the application of the wrong legal provision before the end of the hearing immediately following the alleged defect. The court ruled that such procedural objections must be raised promptly or are deemed waived, and the Supreme Court is bound by the specific grounds cited in the cassation petition.

Legislator headnote

AI generated

Art. 128 KPC; Art. 162 KPC: A party loses the right to appeal a procedural defect if they fail to lodge a reservation within the session immediately following the occurrence of the defect.

Keywords

AI generated
procedural defect waiver cassation appeal dismissal service of documents labor law severance time limit for objection

Cited Legislation

AI generated
Art. 128 KPC
Art. 162 KPC
Art. 11 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text