II PK 288/04
AI generated
Employee must return non-refundable compensation from invalid but enforceable court judgment if judgment is overturned on cassation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal and ordered the employee to repay the disputed compensation. The employee had received funds based on a final, enforceable second-instance judgment that was later overturned by the Supreme Court due to cassation. The court held that the obligation to return the money arises immediately upon the invalidation of the judgment, regardless of the employer's delay in demanding repayment.
Legislator headnote
AI generatedArt. 388 § 1 k.p.c.; Art. 409 k.c.: If a judgment is final and enforceable but subsequently annulled due to cassation, the recipient is immediately bound to return the received benefit.
Keywords
AI generated
non-refundable compensation
invalid judgment
enforceable title
obligation to return
cassation appeal
employee benefits
legal restitution
Cited Legislation
AI generatedArt. 388 § 1 k.p.c.
Art. 409 k.c.
art. 388 § 1 k.p.c
art. 409 k.c
art. 405 k.c
art. 477 § 3 k.p.c
art. 5 k.c
art. 411 pkt 2 k.c
art. 3931 pkt 2 k.p.c
art. 382 k.p.c