Cassation appeal dismissed; organizational regulation breach only admissible as procedural fact-finding error under Polish Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Stanisław G. against a lower court's judgment regarding his employment contract. The plaintiff argued that the employer's organizational regulation lacked statutory basis for defining the director's role, but the court found this argument insufficiently specific under Article 393 § 3 of the Civil Procedure Code. Consequently, the court held that such a regulation defect could only be raised indirectly as a procedural error in fact-finding, not as a direct ground for invalidating the contract.
Legislator headnote
AI generatedArt. 393 § 3 KPC; Art. 58 § 1 KC; A defect in an organizational regulation lacking statutory basis may be raised in cassation proceedings only as an indirect challenge to the court's fact-finding procedures, not as a direct ground for invalidating the contract.