Supreme Court allows cassation appeal beyond strict limits for joint liability cases under Polish Civil Procedure Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal filed by one former board member against a social security liability judgment. The lower court dismissed the appeal because it exceeded the scope of the contested decision, citing the principle of being bound by the limits of the appeal. However, the Supreme Court ruled that Article 378 § 2 of the Civil Procedure Code permits the second-instance court to address co-parties with joint obligations even in cassation proceedings. Consequently, the court overruled the lower court's dismissal and remanded the case for reconsideration regarding all former board members.
Legislator headnote
AI generatedArt. 378 § 2 k.p.c.; Art. 39821 k.p.c.: The provision allowing the second-instance court to rule on co-parties with joint obligations applies in cassation proceedings, overriding the strict limitation of the scope of appeal.