II PZ 64/05
AI generated
Supreme Court dismisses heir's appeal for retrial on work accident claim despite lack of personal compensation right.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the heir's appeal for a retrial regarding a work accident claim filed by the original plaintiff. Although the heir lacked a personal right to compensation, the court held that the grounds for retrial were not met because the alleged facts were not truly new or undisclosed. The court reasoned that the heir's arguments merely restated established facts rather than revealing new evidence that could not have been discovered earlier.
Legislator headnote
AI generatedArt. 401 pkt 2 k.p.c.; Art. 403 § 2 k.p.c.; Art. 410 § 1 k.p.c.: An heir may file for a retrial even without a personal right to compensation, but the request fails if the alleged circumstances do not constitute new, undisclosed facts or procedural invalidity.
Keywords
AI generated
heir procedural standing
retrial grounds
work accident compensation
undisclosed facts
procedural invalidity
Cited Legislation
AI generatedArt. 401 pkt 2 k.p.c.
Art. 403 § 2 k.p.c.
Art. 410 § 1 k.p.c.
Art. 398 § 1 k.p.c.
Art. 394 § 3 k.p.c.
art. 922 § 1 k.c
art. 403 § 2 k.p.c
art. 401 pkt 2 k.p.c
art. 410 § 1 k.p.c
art. 3941 § 3 k.p.c
Cited Case Law
AI generatedII UKN 178/99
Supreme Court dismisses appeal for retrial due to expired five-year limitation period under Civil Procedure Code.
I PKN 277/00
Improper representation does not constitute a ground for retrial under Polish Civil Procedure Code Art. 401(2).
III CZP 134/04
II UKN 174/99
Supreme Court dismisses appeal when grounds for retrial are formally cited but factually absent in the complaint's reasoning.