I PZ 61/01
AI generated
CPC appeal inadmissible if claim value under 10,000 PLN; labor reinstatement deemed property right.
Legislator summary
AI generatedThe Supreme Court set aside the lower court's dismissal of the cassation appeal and remanded the case for reconsideration. The appellant argued that labor reinstatement is a non-property right, exempt from the monetary threshold for appeals. The court ruled that since the appeal included a claim for lost wages, the entire case involves property rights and is subject to the statutory value limit.
Legislator headnote
AI generatedArt. 393 § 1 KPC; Art. 231 KPC: Cassation is inadmissible if the value of the subject matter is lower than 10,000 PLN, as claims for lost wages render a labor reinstatement case a property rights dispute.
Keywords
AI generated
cassation inadmissibility
property rights threshold
labor reinstatement
lost wages claim
value of subject matter
civil procedure code
remand for reconsideration
Cited Legislation
AI generatedArt. 393 § 1 KPC
Art. 231 KPC
Art. 56 § 1 KP
Art. 57 § 1 KP
Art. 392 § 1 KPC
Cited Case Law
AI generatedIII CZP 27/97
I PZ 31/97
Cassation dismissed because monetary compensation exceeded 5,000 zł threshold despite non-monetary claim elements.
2 CR 909/59
II UZ 106/99
II UZ 110/97
Failure to specify the value of the subject matter of appeal in a social security increase case leads to dismissal of the cassation appeal.