Legislator Case Law & Legislation
I PKN 278/99 AI generated

Trade union collective interest cannot be equated to its own legal interest under Art. 189 KPC.

Case Number I PKN 278/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by trade unions against a labor court ruling. The unions sought a general declaration of legality regarding mandatory psychological tests for bus drivers without identifying specific employees. The court held that a trade union's legal standing under Article 189 of the Civil Procedure Code requires a concrete legal interest on behalf of specifically named workers, not an abstract collective interest.

Legislator headnote

AI generated

Art. 189 KPC; Art. 462 KPC; A trade union's legal interest in filing a declaratory action is limited to the specific legal interests of individually identified workers it represents, prohibiting the assertion of a general collective interest.

Keywords

AI generated
trade union standing collective legal interest declaratory action labor law procedure specifically identified workers civil procedure code legal standing requirement

Cited Legislation

AI generated
art. 189 KPC
art. 462 KPC
art. 61 KPC
art. 393 KPC

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