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I BP 2/06 AI generated

Supreme Court dismissed appeal for lack of proven damage causation under Civil Procedure Code Art. 4245 § 1 item 4.

Case Number I BP 2/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the appellant's complaint against the District Court's judgment regarding a seniority allowance dispute. The appellant argued that the lower court failed to address procedural errors and material law violations concerning the calculation of allowances. The court rejected the claim because the appellant failed to substantiate the alleged financial loss, which stemmed from future wage increases rather than a concrete, existing damage caused by the contested ruling.

Legislator headnote

AI generated

Art. 4245 § 1 pkt 4 k.p.c.; Art. 4248 § 1 k.p.c.: A complaint alleging damage must prove the existence of actual loss and a causal link to the judgment; mere threats of future financial burdens or speculative possibilities do not satisfy the requirement of substantiating damage.

Keywords

AI generated
substantiating damage causal link requirement future financial loss civil procedure code appeal dismissal procedural error seniority allowance

Cited Legislation

AI generated
Art. 4245 § 1 pkt 4 k.p.c.
Art. 4248 § 1 k.p.c.
Art. 5053 § 3 k.p.c.
Art. 5057 k.p.c.
Art. 367 § 3 k.p.c.
Art. 375 k.p.c.
Art. 328 § 2 k.p.c.
Art. 24113 § 2 k.p.
Art. 772 § 5 k.p.
Art. 42 k.p.
Art. 9 k.p.

Cited Case Law

AI generated
III CNP 4/05
Supreme Court dismisses appeal against enforcement clause order as it does not end main proceedings.
III PZP 3/04
Employment law ruling requiring employer to terminate old terms when new collective agreement is less favorable for workers.
IV CNP 38/05
Supreme Court dismissed appeal for non-confirmation of loss under Art. 4245 § 1(4) CPC due to lack of proven causation.
II CNP 13/05
Supreme Court dismisses appeal for non-compliance as damage must exist now, not be merely threatened in the future.

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