III SO 13/08 AI generated

Cassation appeal dismissed for inadmissibility due to lack of legal basis and procedural violations.

Case Number III SO 13/08

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2008-12-02

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Prosecutor Andrzej B. against a prior decision transferring him to retirement. The appellant argued the lower court's ruling lacked a legal basis and violated procedural rules by ignoring medical opinions and failing to address claims of workplace harassment. The court rejected these arguments, noting the appeal was procedurally inadmissible because the contested judgment was final and could not be re-examined on new grounds raised late in the process.

Legislator headnote

AI generated

Art. 70 § 1 ust. 3 Konstytucji; art. 398 § 1 pkt 2 k.p.c.; Art. 328 § 2 k.p.c.: A cassation appeal against a final Supreme Court judgment is inadmissible if it merely expresses dissatisfaction with the reasoning without providing a valid legal ground for re-examination, as the finality of the judgment precludes further review of the merits.

Keywords

AI generated

cassation appeal inadmissibility finality of Supreme Court judgment lack of legal basis procedural violations new grounds in cassation

Cited Legislation

AI generated

Art. 70 § 1 ust. 3 Konstytucji

art. 398 § 1 pkt 2 k.p.c.

art. 328 § 2 k.p.c.

art. 62a ust. 1 ustawy o Prokuraturze

art. 943 k.p.

art. 3983 § 1 pkt 2 k.p.c

art. 328 § 2 k.p.c

art. 3981 § 1 k.p.c

art. 3984 § 1 k.p.c

art. 370 k.p.c

Cassation appeal dismissed for inadmissibility due to lack of legal basis and procedural violations.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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