I PK 124/06 AI generated

Supreme Court dismissed cassation appeal as alleged procedural defects did not affect plaintiff's rights.

Case Number I PK 124/06

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2006-12-11

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against the labor court's rejection of her wage claim. The plaintiff argued that the employer's unauthorized representation by its president violated procedural rules regarding the opposing party's interests. The court ruled that such alleged defects did not impact the plaintiff's rights and that no special circumstances justified the Supreme Court conducting evidence on its own.

Legislator headnote

AI generated

Art. 232 ust. 2 k.p.c.; Art. 398 § 1 k.p.c.: A cassation appeal based on procedural violations affecting the opposing party is admissible only if the defect rendered the proceedings void, and the Supreme Court may conduct evidence only in exceptional cases where the defect actually impaired the appellant's rights.

Keywords

AI generated

cassation appeal dismissal procedural defects labor law representation evidence on its own opposing party rights

Cited Legislation

AI generated

Art. 232 ust. 2 k.p.c.

Art. 398 § 1 k.p.c.

Art. 31 § 1 k.p.

art. 68 k.p

art. 87 § 2 k.p.c

art. 379 pkt 2 k.p.c

art. 87 § 1 k.p.c

art. 386 § 2 k.p.c

art. 89 § 1 k.p.c

art. 126 § 3 k.p.c

Cited Case Law

AI generated

Supreme Court allows labor law case against company president, correcting procedural and substantive errors by lower courts.

Supreme Court quashes labor court verdict for reinstatement due to procedural errors and incomplete evidence assessment.

Supreme Court dismissed cassation; oral agreement on new post implies consent to reduced salary without premium.

Employer has legal interest in appealing dismissal verdict if court finds no grounds for termination without notice.

Supreme Court dismissed appeal, ruling evidence requests in cassation to change facts are inadmissible delays.

III CKN 416/98

III CZP 4/00

IV CK 661/03

Supreme Court voids appeal judgment for lack of valid power of attorney and remands case.

Bankruptcy law ruling: Lawyer's self-certified registry copy suffices for corporate creditor's power of attorney.

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