Legislator Case Law & Legislation
I PKN 562/99 AI generated

Polish Supreme Court allows labor dispute against foreign embassy by rejecting diplomatic immunity for the embassy as employer.

Case Number I PKN 562/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Polish Supreme Court overturned lower court decisions that dismissed a Polish citizen's labor dispute against a foreign embassy for lack of jurisdiction. The plaintiff argued that the embassy, acting as an employer under the Labor Code, was not covered by the immunity of diplomatic representatives. The court ruled that the Civil Procedure Code does not grant diplomatic immunity to foreign states for civil commercial activities, such as employment, and that the embassy is a civil law subject rather than a public authority exercising sovereign power.

Legislator headnote

AI generated

Art. 1111 § 1 pkt 1 k.p.c.; Art. 3, 6 § 2 k.p.; Immunity of a foreign state does not extend to its organs engaging in civil commercial transactions; diplomatic immunity applies only to the head of mission, not the employing embassy entity.

Keywords

AI generated
diplomatic immunity foreign state immunity labor dispute jurisdiction civil commercial activity labor code employment civil procedure code sovereign immunity

Cited Legislation

AI generated
Art. 1111 § 1 pkt 1 k.p.c.
Art. 3 k.p.
Art. 6 § 2 k.p.
Art. 460 k.p.c.

Cited Case Law

AI generated

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