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HCCJ. Complaint filed by an association on behalf of its member. Territorial jurisdiction

High Court of Cassation and Justice has ruled that the resolution of the appeal against the decision to recalculate the pension made ​​by a non-profit legal person governed by private law established to protect the rights and promote the economic and social interests of its members, filed as conventional representative of one of its members, is the court in whose jurisdiction the applicant resides – individual, as it is clear from the provisions of art. 154 para. (1) of Law no. 263/2010. The High Court also said that the association can not be assimilated to a union, as defined by the provisions of art. 1 letter u) of Law no. 62/2011, shall not apply to the provisions of art. 28 para. (3) of Law no. 62/2011, on the locus standi of unions in disputes arising from labor legislation that protects the rights of its members, and any of Decision. 1/2013 issued by the High Court of Cassation and Justice – Bench jurisdiction to hear the appeal on points of law. Therefore, not according to the Association office will determine territorial jurisdiction to hear the case, but according to the applicant’s home. (Decision no. 1867 of June 12, 2014 issued in Appeal by Civil Section I of the High Court of Cassation and Justice for annulment of the decision to recalculate the pension)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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