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.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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