Legislator Case Law & Legislation
II UZ 21/96 AI generated

Lawyer husband barred from cassation appeal in social insurance case unless representing trade union or pensioners' organization.

Case Number II UZ 21/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the husband's cassation appeal filed on behalf of his wife regarding her social insurance pension amount. Although he acted as her lawyer in lower courts, the court held that Article 465 § 1 of the Code of Civil Procedure restricts cassation rights in social insurance matters to advocates or lawyers representing specific organizations. The court ruled that a private lawyer spouse lacks standing to file a cassation appeal unless they represent a trade union or an organization of pensioners and retirees.

Legislator headnote

AI generated

Art. 393 § 2 in conjunction with Art. 465 § 1 of the Code of Civil Procedure; In social insurance and labor law matters, only an advocate or a lawyer representing a trade union or pensioners' organization may file a cassation appeal, excluding a lawyer acting merely as a private representative of a party.

Keywords

AI generated
cassation appeal standing social insurance law lawyer representative capacity Code of Civil Procedure trade union representation

Cited Legislation

AI generated
Art. 393 § 2 of the Code of Civil Procedure
Art. 465 § 1 of the Code of Civil Procedure
Art. 87 § 1 of the Code of Civil Procedure
Art. 393 § 19 of the Code of Civil Procedure
Art. 385 in conjunction with Art. 397 § 1 and 2 of the Code of Civil Procedure

Cited Case Law

AI generated

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