I PK 166/04
AI generated
Supreme Court dismisses cassation against second-instance labor court for remanding case due to procedural error.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against the second-instance labor court's decision to remand the case for retrial. The plaintiff argued that the second-instance court violated procedural rules by re-evaluating evidence and ignoring prior findings, but the court found no such error. The court ruled that the second-instance court correctly relied on the record from the first instance and that the plaintiff's claims regarding evidence weight and procedural violations were unfounded.
Legislator headnote
AI generatedArt. 386 § 5 k.p.c.; Art. 386 § 6 k.p.c.; The obligation to hear a case in a different composition does not apply to a second-instance court re-adjudicating a case after setting aside a first-instance judgment and remanding it.
Keywords
AI generated
labor dispute
cassation appeal
second instance court
procedural error
remand for retrial
evidence evaluation
Code of Civil Procedure
Cited Legislation
AI generatedart. 386 § 5 k.p.c.
art. 386 § 6 k.p.c.
art. 393 § 12 k.p.c.
art. 98 § 1 k.p.c.
art. 386 § 5 k.p.c
art. 299 k.p.c
art. 233 § 1 k.p.c
art. 386 § 6 k.p.c
art. 237 k.p.c
art. 379 pkt 4 k.p.c
Cited Case Law
AI generatedI CKN 595/97
I PKN 183/00
Supreme Court dismisses travel allowance claims for border guards, ruling the judicial route inadmissible.
III CZP 100/88
III CZP 59/90