Legislator Case Law & Legislation
II UZ 93/97 AI generated

Social insurance appeal dismissed because lawyer lacks permanent employment contract with trade union.

Case Number II UZ 93/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a social insurance decision. The lower court rejected the appeal because the appointed lawyer, Maria Z., failed to provide a valid power of attorney and lacked a permanent employment contract with the trade union. The Supreme Court confirmed that Article 465 § 1 of the Civil Procedure Code requires a permanent relationship, such as an employment or service contract, for a lawyer to file appeals on behalf of union members.

Legislator headnote

AI generated

Art. 465 § 1 k.p.c.; Art. 89 § 1 k.p.c.: A lawyer may file a cassation appeal for a trade union or pensioners' organization only if they have a permanent employment or service contract with that organization, not merely a temporary advisory relationship.

Keywords

AI generated
social insurance appeals trade union lawyer permanent employment contract cassation procedure power of attorney advisory relationship Civil Procedure Code

Cited Legislation

AI generated
Art. 465 § 1 k.p.c.
Art. 89 § 1 k.p.c.
Art. 393 § 5 k.p.c.

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