Legislator Case Law & Legislation
I UK 12/06 AI generated

Supreme Court quashes lower court rulings for procedural error regarding judge participation in retrial proceedings.

Case Number I UK 12/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the rulings of the District and Regional Labor Courts, transferring the retrial request to the District Court in a different panel. The plaintiff argued for a retrial based on new medical evidence, but the lower courts incorrectly handled jurisdiction and judge participation. The court ruled that a judge who participated in the original appeal judgment cannot preside over the retrial, and the lower courts violated this rule by allowing the same judges to hear the case again.

Legislator headnote

AI generated

Art. 48 § 3 k.p.c.; Art. 405 ust. 2 k.p.c.; A judge who participated in the judgment appealed in a retrial request cannot preside over the retrial proceedings; the court of second instance that rejected the appeal is the competent court for the retrial.

Keywords

AI generated
retrial request judge participation jurisdiction error procedural violation labor dispute medical evidence panel composition

Cited Legislation

AI generated
Art. 48 § 3 k.p.c.
Art. 405 ust. 2 k.p.c.
Art. 379 pkt 6 k.p.c.
Art. 398 § 15 k.p.c.
Art. 108 § 2 k.p.c.
art. 48 § 3 k.p.c
art. 403 k.p.c
art. 403 § 2 k.p.c
art. 189 k.p.c
art. 379 pkt 4 k.p.c

Cited Case Law

AI generated

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