I PRZN 2/96 AI generated

Supreme Court dismisses extraordinary review for union leader lacking authority to represent the union in court.

Case Number I PRZN 2/96

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1996-04-17

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Minister of Justice against the Court of Appeal's decision. The appellant, Stanisław K., attempted to file a motion to reopen proceedings regarding the union's registration without proper authorization, as the current registered leaders were Zbigniew P. and Ryszard M. The court held that the lack of standing to represent the union due to a change in leadership invalidated the procedural challenge. Consequently, the motion to reopen was rejected because the person filing it had no legal capacity to act on behalf of the union.

Legislator headnote

AI generated

Art. 401 pkt 2 k.p.c.; Art. 397 k.p.c.; Art. 3 § 2 k.p.c.; Art. 421 § 1 k.p.c.: A person who ceased to hold the office of union president or vice-president following new elections lacks the authority to represent the union in court or file a motion to reopen proceedings.

Keywords

AI generated

extraordinary review dismissal union representation authority motion to reopen proceedings standing to sue union change in union leadership

Cited Legislation

AI generated

Art. 401 pkt 2 k.p.c.

Art. 397 k.p.c.

Art. 3 § 2 k.p.c.

Art. 421 § 1 k.p.c.

Art. 355 k.p.c.

art. 401 pkt 2 k.p.c

art. 397 k.p.c

art. 3 § 2 k.p.c

art. 355 k.p.c

art. 421 § 1 k.p.c

Supreme Court dismisses extraordinary review for union leader lacking authority to represent the union in court.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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