II UZ 62/06
AI generated
Criminal appeal based solely on facts or evidence evaluation is inadmissible under Art. 3986 § 2 CPC.
Legislator summary
AI generatedThe Supreme Court set aside the appellate court's dismissal of a cassation appeal filed by a worker seeking occupational disability pension. The appellant argued that the lower court improperly evaluated evidence regarding the remission of his illness, while the appellate court rejected the appeal as inadmissible under Art. 3986 § 2 of the Civil Procedure Code. The Supreme Court ruled that such appeals are merely unfounded rather than inadmissible, allowing them to be reviewed on their merits.
Legislator headnote
AI generatedArt. 3983 § 3 k.p.c.; Art. 3986 § 2 k.p.c.: A cassation appeal based exclusively on facts or evidence evaluation is unfounded and inadmissible, but not barred from filing.
Keywords
AI generated
cassation appeal
evidence evaluation
factual findings
inadmissibility
unfounded appeal
Civil Procedure Code
occupational disability
Cited Legislation
AI generatedArt. 3983 § 1 k.p.c.
Art. 3983 § 3 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 3986 § 3 k.p.c.
Art. 3984 § 1 k.p.c.
Art. 233 § 1 k.p.c.
art. 3986 § 2 k.p.c
art. 233 §1 k.p.c
art. 278 k.p.c
art. 290 k.p.c
Cited Case Law
AI generatedII UKN 77/96
Supreme Court dismissed cassation for lack of grounds, upholding lower court's free evaluation of evidence in disability pension case.
II UKN 22/96
Supreme Court dismissed cassation against disability pension denial due to proper expert evidence evaluation.
II UKN 33/96
II UKN 28/96
Supreme Court dismissed cassation regarding social security pension denial based on insufficient work period evidence.
I CKN 6/96
II CKN 272/97
III CKN 86/97
III CZ 60/98
II CSK 136/05
Supreme Court dismisses appeal on procedural grounds regarding evidence evaluation and cost modification rules.
I CSK 189/06