I PKN 186/98
AI generated
Polish Supreme Court dismissed union's appeal for declaratory relief regarding employer's legal violation.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the union's cassation appeal seeking a declaration that the employer violated labor laws. The union, acting on behalf of employees, argued the employer illegally stripped them of positions without union consent. The court ruled that a trade union cannot file a declaratory action for its own legal interest or to establish a violation of substantive law.
Legislator headnote
AI generatedArt. 462, 61 KPC; Art. 189 KPC: A trade union acting on behalf of employees may not file a declaratory action to establish its own legal interest or to declare a violation of substantive law.
Keywords
AI generated
trade union standing
declaratory action
legal interest
substantive law violation
labor dispute procedure
Cited Legislation
AI generatedArt. 462 KPC
Art. 61 KPC
Art. 189 KPC
Art. 32 ust. 1, 2 of the Trade Union Act of 23 May 1991
Art. 393 § 12 KPC