Employee dismissed cassation; employer's dissolution prevents enforcing court-ordered deposit payment.
Legislator summary
AI generatedThe 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 generatedArt. 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.