Abstract

This gloss to the decision of the Supreme Administrative Court of 8 September 2017 (I OSK 2274/15) concerns the capacity of an ordinary association to be a party to a lawsuit in the aspect of its representation by a representative. The commented verdict is of great importance for the functioning of ordinary associations which after 20 May 2016 have not made an entry into the register. In its decision the Supreme Administrative Court found that the submission of the regulations of an ordinary association, minutes for the resolution on the election of a representative of an ordinary association as well as notification of establishment of an ordinary association and selection of its representative signed by its founders – is insufficient to determine that the representative is at the same time empowered to perform a particular legal act (e.g. submitting an application on behalf of an association for admission of a given social organization to participate in a given case). As regards argumentation, the Supreme Administrative Court based its position on the thesis that represention of an ordinary association which was established before the entry into force of the Amended Act on Associations and has not made an entry into the register after 20 May 2016 – cannot be understood as performing legal acts with effect for this association. As a result, the issue should now be considered as finally resolved in the Polish legal order.