Legislator Case Law & Legislation
I PKN 424/99 AI generated

Supreme Court dismisses appeal; non-fault dismissal due to lack of suitable employment opportunities.

Case Number I PKN 424/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a cooperative member against his removal from the membership list. The member argued that the dismissal was due to the cooperative's fault, but the court found no objective possibility of employment matching his qualifications. Consequently, the court ruled that the prolonged unemployment resulted from causes not attributable to the cooperative, validating the removal under the relevant statute.

Legislator headnote

AI generated

Art. 194 § 1 pkt 1 Prawa spółdzielczego; Art. 187 Prawa spółdzielczego; If a cooperative lacks objective employment opportunities matching a member's qualifications, the member's non-employment is deemed to result from causes not attributable to the cooperative, and the burden of proof regarding such impossibility does not shift to the member.

Keywords

AI generated
cooperative member dismissal unemployment causes burden of proof employment opportunities non-fault termination cooperative law cassation appeal

Cited Legislation

AI generated
Art. 194 § 1 pkt 1 Prawa spółdzielczego
Art. 187 Prawa spółdzielczego
Art. 198 § 2 Prawa spółdzielczego
Art. 184 § 1 pkt 1 Prawa spółdzielczego
art. 393 § 12 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text