Legislator Case Law & Legislation
II PK 159/11 AI generated

Appeal dismissed; failure to raise procedural objection under Art. 162 CPC forfeits the claim in cassation.

Case Number II PK 159/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor dispute judgment regarding a non-compete agreement. The appellant argued the lower court erred by enforcing a non-compete clause signed by a non-authorized representative, but failed to raise this procedural defect under Article 162 of the Code of Civil Procedure during the appeal stage. The court ruled that such a failure results in the irrevocable loss of the objection, rendering the substantive argument inadmissible in the cassation proceedings.

Legislator headnote

AI generated

Art. 162 k.p.c.; Art. 210 § 1 k.s.h.; Art. 58 § 1 k.c.: Failure to raise a procedural objection under Article 162 of the Code of Civil Procedure during the appeal results in the irrevocable loss of that objection, precluding its consideration in cassation proceedings.

Keywords

AI generated
procedural objection forfeiture cassation appeal dismissal non-compete agreement validity authorized representative requirement waiver of procedural rights

Cited Legislation

AI generated
Art. 162 k.p.c.
Art. 210 § 1 k.s.h.
Art. 58 § 1 k.c.
Art. 1012 § 1 k.p.
Art. 1012 § 3 k.p.
Art. 398 § 14 k.p.c.
Art. 98 k.p.c.
art. 162 k.p.c
art. 65 k.c
art. 300 k.p

Cited Case Law

AI generated

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