Legislator Case Law & Legislation
I PZ 91/01 AI generated

Supreme Court dismissed cassation for failure to declare value of subject matter as required by law.

Case Number I PZ 91/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor court order reinstating an employee to work and awarding severance pay. The lower court had rejected the appeal because the appellant failed to declare the value of the subject matter of the appeal, a formal requirement under the Code of Civil Procedure. The Supreme Court ruled that the appellant's vague declaration of the entire judgment did not satisfy the statutory obligation to specify the value, leading to the dismissal of the appeal.

Legislator headnote

AI generated

Art. 3933 § 2 KPC; Art. 3935 KPC; Art. 231 KPC; Art. 368 § 2 KPC; Art. 39319 KPC: In labor disputes involving reinstatement and damages, the appellant must declare the value of the subject matter of the appeal according to specific rules; failure to do so within the prescribed term results in the dismissal of the cassation.

Keywords

AI generated
cassation appeal dismissal value of subject matter labor law reinstatement Code of Civil Procedure formal defect cassation subject matter value declaration labor dispute damages

Cited Legislation

AI generated
Art. 3933 § 2 KPC
Art. 3935 KPC
Art. 231 KPC
Art. 368 § 2 KPC
Art. 39319 KPC
Art. 191 KPC
Art. 19 § 1 KPC
Art. 19 § 2 KPC
Art. 21 KPC
Art. 17 pkt 4 KPC
Art. 3921 § 1 KPC
Art. 187 § 1 pkt 1 KPC
Art. 56 KP
Art. 52 § 1 pkt 1 KP
Art. 57 KP

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