Supreme Court dismissed appeal claiming damages from refusal to enforce labor reinstatement order.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's appeal challenging a lower court's refusal to enforce a civil execution order. The plaintiff argued that the lower court incorrectly applied procedural rules regarding the reinstatement of employment, claiming this caused him damage. The court ruled that proving potential damage is insufficient and that the plaintiff had already lost a separate claim for wages due to the employer's refusal, negating the alleged harm.
Legislator headnote
AI generatedArt. 4245 § 1 pkt 4 k.p.c.; Art. 4248 § 1 k.p.c.: To establish damage caused by the refusal to enforce a judgment ordering reinstatement, it is not sufficient to merely show a threat of damage; the plaintiff must prove actual loss, which is absent if a separate claim for wages has already been rejected.