Supreme Court allows appeal on appeal grounds, not limited to written requests, ordering retrial.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court set aside the lower court's judgment and remanded the case for a new trial. The plaintiff sought additional compensation for unused vacation time and travel expenses, which the lower court had not fully addressed. The Court ruled that an appeal is not bound by its specific written requests but by its entire argumentation and reasoning. Consequently, the Court found the lower court erred by limiting its review to the formal scope of the appeal rather than the substantive grounds raised.
Regesto Legislator
Generato dall'IAArt. 386 § 1 KPC; Art. 378 § 1 KPC: An appeal is not limited to the specific requests made in the written petition but encompasses the entire argumentation and reasoning; therefore, the appellate court must review all substantive grounds raised, and a judgment restricting review to the formal scope of the request constitutes a violation of the principle of full review.