Cassation appeal dismissed; Supreme Court held previous judgment binds parties regarding indefinite-term employment status.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by the employer against a lower court's order to reinstate the employee under previous conditions. The employee had previously been bound by a final judgment restoring him to his former position, which the Supreme Court interpreted as establishing an indefinite-term employment contract. The court ruled that the lower court correctly applied Article 365 of the Civil Procedure Code, noting that the binding force of a judgment extends to the specific legal norm established therein, even if the reasoning is not fully explicit in the operative part.
Regeste Legislator
Généré par l'IAArt. 365 § 1 k.p.c.; Art. 366 k.p.c.: A final judgment binds parties and courts to the specific legal norm established therein, requiring interpretation of the operative part in light of the reasoning to determine the scope of binding force.