Cassation dismissed because appeal court awarded damages without ruling on reinstatement claim, making cassation inadmissible.
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by an employee against a second-instance judgment that awarded damages for wrongful termination. The first-instance court had rejected the employee's claim for reinstatement but established the existence of an employment relationship, while the second-instance court, upon the employer's appeal, awarded damages instead of addressing the reinstatement request. The court ruled that since the first-instance judgment did not rule on the reinstatement claim and the plaintiff did not request a supplementary judgment, the claim ceased to be the subject of the proceedings, rendering the cassation inadmissible.
Regeste Legislator
Généré par l'IAArt. 351 § 1 KPC; Art. 393 § 1 KPC: A cassation appeal is inadmissible if the appealed judgment does not contain a decision on the claims originally filed by the appellant, as such a judgment lacks the necessary subject matter for review.