Supreme Court held that limiting a claim in appeal requires redefining the dispute value for court fee calculation under labor law.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the appellate court's dismissal of a cassation appeal regarding civil court fees in labor disputes. The appellant's lawyer had reduced the claim amount after the first-instance judgment, arguing this set the appeal's value, but the appellate court incorrectly treated it as the dispute value. The Supreme Court ruled that limiting a claim in the appeal procedure necessitates a new determination of the dispute value under the Civil Procedure Code, which in turn dictates whether a basic or proportional fee applies under the Court Fees Act.
Legislator headnote
AI generatedArt. 35 ust. 1 ustawy o kosztach sądowych w sprawach cywilnych; Art. 193 k.p.c.: Limiting a claim in appeal proceedings requires redefining the dispute value, thereby determining whether a basic or proportional court fee applies in labor law cases.