Legislator Case Law & Legislation
I PZ 93/01 AI generated

Supreme Court dismisses appeal regarding misidentified defendant in labor dispute over municipal debt assumption.

Case Number I PZ 93/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal filed by the Town of R. against a lower court order that had incorrectly identified the defendant. Although the plaintiff sued both the Town and a liquidated school, the lower courts inconsistently referred to the defendant as either the Town or the Town Office. The Supreme Court determined that the Town, as the legal entity responsible for the school's debts, was the proper defendant, and the error in naming the defendant in the contested decision was a clear mistake requiring correction.

Legislator headnote

AI generated

Art. 366 KPC; Art. 350 § 1, 3 KPC; Art. 393 § 1, 3 KPC; Art. 386 § 1 KPC; Art. 397 § 2 KPC: A clear error in identifying the defendant in a labor dispute judgment, where the municipality is liable for the debts of a liquidated employer, constitutes a ground for setting aside the decision under the Code of Civil Procedure.

Keywords

AI generated
misidentified defendant labor dispute municipal debt assumption liquidated employer Code of Civil Procedure procedural error parties identification

Cited Legislation

AI generated
Art. 366 KPC
Art. 350 § 1, 3 KPC
Art. 393 § 1, 3 KPC
Art. 386 § 1 KPC
Art. 397 § 2 KPC

Cited Case Law

AI generated
IV P 250/00
IV Pa 51/01
II CKN 817/97

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