III UK 5/09
AI generated
Supreme Court dismissed appeal for retrial as facts did not alter the final judgment's content.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal for retrial filed by a construction company against a social security office's decision regarding overpaid benefits. The company argued for a retrial based on specific circumstances, but the court found these circumstances, while existing, did not influence the final judgment's content. Consequently, the court ruled that the appeal was inadmissible under Article 412 § 2 of the Civil Procedure Code.
Legislator headnote
AI generatedArt. 412 § 2 k.p.c.; An appeal for retrial is dismissed when the circumstances justifying the ground exist but do not affect the content of the contested decision.
Keywords
AI generated
appeal for retrial
civil procedure code
social security benefits
overpaid wages
judgment content
dismissal grounds
supreme court ruling
Cited Legislation
AI generatedArt. 412 § 2 k.p.c.
Art. 405-406 k.p.c.
Art. 412 § 1 k.p.c.
Art. 398 § 1 k.p.c.
art. 412 § 2 k.p.c
art. 58 k.c
art. 4011 k.p.c
art. 190 ust. 4 Konstytucji
art. 31 ust. 3 Konstytucji
art. 58 § 2 k.c