Legislator Case Law & Legislation
I PKN 266/00 AI generated

Supreme Court quashes appeal judgment for failing to address legal representative absence of a legal entity defendant.

Case Number I PKN 266/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's judgment regarding a labor dispute between an individual and a housing cooperative. The plaintiff argued that the defendant lacked legally authorized organs to represent it in court, violating procedural requirements for legal entities. The court ruled that the lower courts ignored this fundamental defect, necessitating a remand for a new trial.

Legislator headnote

AI generated

Art. 379 pkt 2 KPC; Art. 67 § 1 KPC; The absence of organs authorized to represent a legal entity in proceedings invalidates the appointment of the process agent and requires the lower court to address this defect.

Keywords

AI generated
legal entity representation process agent appointment procedural defect housing cooperative labor dispute remand for retrial Supreme Court cassation

Cited Legislation

AI generated
Art. 379 pkt 2 KPC
Art. 67 § 1 KPC
Art. 69 - 71 KPC
Art. 177 § 1 pkt 1 KPC
Art. 174 § 1 pkt 2 KPC
Art. 393 § 1 KPC

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