I PKN 266/00
AI generated
Supreme Court quashes appeal judgment for failing to address legal representative absence of a legal entity defendant.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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