Legislator Case Law & Legislation
II PK 405/04 AI generated

Employee dismissed cassation; employer's dissolution prevents enforcing court-ordered deposit payment.

Case Number II PK 405/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding a labor dispute where the employer was dissolved before the case concluded. The lower court had terminated proceedings because the employer ceased to exist as a legal entity, making the condition for releasing the court deposit impossible to fulfill. The Supreme Court ruled that the employee could not demand a new trial under Article 524 § 2 of the Civil Procedure Code because the employer's dissolution and lack of legal successor rendered the original procedural decision final and binding.

Legislator headnote

AI generated

Art. 524 § 2 k.p.c.; Art. 300 k.p.; Art. 94 k.c.: When an employer is dissolved before the conclusion of a labor dispute, the employee cannot request a retrial under Article 524 § 2 of the Civil Procedure Code if the employer has no legal successor, as the procedural decision remains final despite the impossibility of fulfilling the deposit condition.

Keywords

AI generated
labor dispute employer dissolution legal successor court deposit retrial request final decision civil procedure code

Cited Legislation

AI generated
Art. 524 § 2 k.p.c.
Art. 300 k.p.
Art. 94 k.c.
art. 524 § 2 k.p.c
art. 355 § 1 k.p.c
art. 69 k.p.c
art. 174 § 1 pkt 1 k.p.c
art. 470 k.c
art. 6945 § 2 k.p.c
art. 510 § 1 k.p.c

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