I PK 1/08
AI generated
Supreme Court dismissed appeal for adding new claims in second instance violating two-instance trial principle.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the appellant's attempt to add new claims in the second instance. The appellant argued that the lower court should have considered a new request for a pension bonus based on a period of employment not previously litigated. The court ruled that such additions violate the strict interpretation of Article 383 of the Code of Civil Procedure and the constitutional principle of a two-instance trial system.
Legislator headnote
AI generatedArt. 383 k.p.c.; Art. 176 ust. 1 Konstytucji RP: The second instance court cannot consider new claims or expand the subject matter of the first instance judgment, as this violates the constitutional principle of a two-instance trial system.
Keywords
AI generated
two-instance trial principle
new claims in appeal
Art. 383 Code of Civil Procedure
reformationis in peius
subject matter limitation
Cited Legislation
AI generatedArt. 383 k.p.c.
Art. 176 ust. 1 Konstytucji RP
Art. 379 pkt 3 k.p.c.
Art. 39813 § 1 k.p.c.
Art. 386 § 2 k.p.c.
Art. 39821 k.p.c.
Art. 384 k.p.c.
Art. 366 k.p.c.
Art. 100 k.p.c.
art. 52 k.p
Cited Case Law
AI generatedI PZ 22/01
Supreme Court allows appeal despite new appeal grounds, ruling procedural inadmissibility does not bar review when first instance judgment was dismissed.
I ACa 18/08
III CSK 13/05
Supreme Court dismisses cassation appeal based solely on facts or evidence evaluation as inadmissible under new Civil Procedure Code.
II PK 199/06
Supreme Court dismissed appeal; retroactive reinstatement does not grant new employee stock rights.
II PK 278/06
Supreme Court dismisses claim that paid leave counts as employment for academic assistant tenure. The court rules paid leave is not employment, only credited toward it.
II PK 181/06
Supreme Court allows deduction of unused vacation pay from salary only with employee's written consent.
IV CK 298/05
Supreme Court allows claim modification in summary proceedings, rejecting strict preclusion rules for new evidence.
V CK 246/04
Supreme Court dismisses appeal on res judicata grounds due to change in factual basis of the claim.