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I PK 149/08 AI generated

Labor dispute dismissed; court held labor law proceedings cannot question commercial register entries regarding company legal capacity.

Case Number I PK 149/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal in a labor dispute seeking reinstatement and compensation. The plaintiff argued that the employer's termination was invalid due to a flawed entry in the commercial register regarding the company's legal capacity. The court ruled that such commercial register entries can only be challenged in specific registry court proceedings, not within labor law litigation. Consequently, the court determined the labor court lacked jurisdiction to address the commercial capacity issue as a ground for terminating the employment contract.

Legislator headnote

AI generated

art. 64 § 1 k.p.c. w związku z art. 335 § 1 k.h.: The correctness of an entry in the commercial register concerning the acquisition of legal capacity by a company may be questioned only in proceedings before the registry court, not in proceedings initiated as a result of an appeal against an employer's termination of an employment contract.

Keywords

AI generated
commercial register entry legal capacity acquisition labor dispute jurisdiction registry court proceedings employment contract termination cassation appeal dismissal procedural competence

Cited Legislation

AI generated
art. 64 § 1 k.p.c.
art. 335 § 1 k.h.
art. 86 k.c.
art. 87 k.c.
art. 45 k.p.
art. 45 § 3 k.p.
art. 411 k.p.
art. 58 § 1 k.c.
art. 393 § 12 k.p.c.
art. 64 § 1 k.p.c

Cited Case Law

AI generated
II PK 270/05 (OSNP 2007 nr 9-10, poz. 125)
IV CK 269/02
IV CSK 115/05
I PK 96/05
Supreme Court dismissed appeal; employer's termination of indefinite-term contract is presumed lawful without civil liability.
II PK 151/04
Supreme Court allows overtime pay for breaks counted as working time under Labor Code Art. 151.
III CZP 13/91
II PK 270/05
Invalid employer representation does not render dismissal void; court orders ineffectiveness or damages instead.

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