Legislator Case Law & Legislation
I PKN 26/98 AI generated

Polish Supreme Court dismisses appeal, ruling diplomatic immunity covers employment disputes against diplomatic missions.

Case Number I PKN 26/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Polish Supreme Court dismissed the cassation appeal filed by Marta M. against her employment contract termination by the German General Consulate. The plaintiff argued that Polish courts lacked jurisdiction due to diplomatic immunity, while the Consulate maintained that the dispute should be heard in Germany. The court ruled that diplomatic immunity extends to employment law disputes involving diplomatic missions and that the specific administrative office was an integral part of the Consulate, thus barring Polish judicial review.

Legislator headnote

AI generated

Art. 31 Konwencji Wiedeńskiej o stosunkach dyplomatycznych; Art. 1099 Kodeksu postępowania cywilnego: Immunity from civil and administrative jurisdiction of the receiving state extends to employment disputes where the employer is a diplomatic mission, and such disputes fall under the receiving state's exclusive jurisdiction rather than the sending state's.

Keywords

AI generated
diplomatic immunity employment law jurisdiction Vienne Convention diplomatic mission civil procedure code judicial review labor contract termination

Cited Legislation

AI generated
Art. 31 of the Vienna Convention on Diplomatic Relations of 18 April 1961
Art. 1099 of the Code of Civil Procedure
Art. 199 § 1 of the Code of Civil Procedure
Art. 464 § 1 of the Code of Civil Procedure
Art. 6 § 2 of the Labour Code

Cited Case Law

AI generated
III PZP 9/90

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