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Action formulated by the syndicate for his members

The High Court of Cassation and Justice has decided that, pursuant to art 28. from Law no. 62/2011 of the social dialogue, the syndicates have the right to formulate actions in the name of their members, on the basis of a credential written by their members, while exercising the attributes settled by the law as having the capacity to stand trial. As follows, the action formulated by the syndicate in the name of his members, for claiming  wage rights, is of the competency of the court  from the district in which the syndicate headquarters is, the syndicate being the plaintiff , and the circumstance that one of the members has its residence in another district, will not attract the lack of competence of the court, since through the credential given to his representative, in this case the syndicate, the plaintiff has chosen its procedural residence at that court. (Decision no. 3648 of September 11, 2013 passed by the the first Civil Division of the High Court of Cassation and Justice covering negative conflict competent actions)

:: The source: JURIDICE.ro

Delia HALICI

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