Legislator Case Law & Legislation
I PKN 186/98 AI generated

Polish Supreme Court dismissed union's appeal for declaratory relief regarding employer's legal violation.

Case Number I PKN 186/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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