II PK 163/07
AI generated
Cassation appeal dismissed; procedural expansion of claim in appeal does not alter case scope after remand.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court judgment awarding damages for wrongful dismissal. The appellant argued that the appeal process should have allowed for a broader claim regarding reinstatement, but the court found the procedural history limited the scope to the original request. The court ruled that expanding the claim during the appeal phase is prohibited by law and cannot retroactively change the subject matter of the case after a remand.
Legislator headnote
AI generatedArt. 383 k.p.c.; Art. 386 § 4 k.p.c.: The prohibition against expanding the plaintiff's claim in appellate proceedings does not affect the scope of the case, even after the judgment is set aside and the case is remanded for retrial.
Keywords
AI generated
procedural expansion of claim
appellate proceedings limitation
scope of case subject matter
remand for retrial
disposition principle
wrongful dismissal damages
cassation appeal dismissal
Cited Legislation
AI generatedArt. 383 k.p.c.
Art. 386 § 4 k.p.c.
Art. 398 § 14 k.p.c.
Art. 321 k.p.c.
Art. 187 § 1 k.p.c.
Art. 45 § 2 k.p.
Art. 477 § 2 k.p.c.
Art. 8 k.p.
Art. 56 k.p.
Art. 351 k.p.c.
Cited Case Law
AI generatedIII ZP 34/98, OSNP 2000 nr 2, poz. 44