Abstract

In this case the Court of Appeal in Krakow decided whether an employer is entitled to demand an employee to cover the full amount of damages paid by the employer to a third party. The Court of Appeal considered the importance for the recourse case whether a final judgment had been passed in the case in which the court awarded damages to be paid jointly and severally by the employee and the employer to the injured third party. The position held by the Court of Appeal in this case shall be a starting point for a further discussion as to the understanding the letter and tenor of Art. 365 § 1 of the Code of Civil Procedure.