Legislator Case Law & Legislation
II UZ 4/98 AI generated

Supreme Court dismisses appeal because lawyer representing union lacks individual client power of attorney, requiring court summons to union counsel only.

Case Number II UZ 4/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lawyer representing an employees' union without the individual client's specific power of attorney. Although the union's general authorization covered the client, the court held that the lawyer must also present the client's own mandate to act in their personal capacity. The appeal was rejected because the missing individual authorization constitutes a non-curable defect under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 393 3 § 1 KPC; Art. 465 § 1 KPC: A lawyer representing an organization of pensioners or retirees must also be authorized by the specific client to file a cassation on their behalf, as the organization's general mandate does not substitute for the individual's power of attorney.

Keywords

AI generated
power of attorney cassation appeal employee union civil procedure code non-curable defect legal representation individual mandate

Cited Legislation

AI generated
Art. 393 3 § 1 KPC
Art. 393 5 KPC
Art. 88 KPC
Art. 465 § 1 KPC
Art. 393 19 KPC
Art. 385 KPC
Art. 397 § 2 KPC

Cited Case Law

AI generated

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