Legislator Case Law & Legislation
II BP 1/05 AI generated

Supreme Court dismissed appeal claiming final judgment violated law due to ambiguous regulation interpretation.

Case Number II BP 1/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant hospital's appeal challenging a final labor court judgment awarding seniority pay to a nurse. The lower court applied more favorable rules to the plaintiff because the hospital's internal regulation improperly excluded her prior work experience, violating equal treatment principles. The Supreme Court held that when a regulation can be reasonably interpreted in multiple ways, a final judgment based on one valid interpretation cannot be deemed legally inconsistent.

Legislator headnote

AI generated

Art. 4244 k.p.c.; Art. 42411 § 1 k.p.c. A final court decision cannot be declared inconsistent with the law if the cited regulations admit of reasonable alternative interpretations supported by convincing arguments.

Keywords

AI generated
final judgment review legal inconsistency appeal regulation interpretation reasonable doubt standard labor law equal treatment seniority pay calculation administrative regulation validity

Cited Legislation

AI generated
Art. 4244 k.p.c.
Art. 42411 § 1 k.p.c.
art. 4244 k.p.c
art. 112 k.p
art. 113 k.p
art. 9 § 2 k.p
art. 9 § 1 k.p
art. 5 k.p
art. 772 § 5 k.p
art. 42411 § 1 k.p.c

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