M marked revoke unlawful decisions of elected officers of the company? No, because the law is not retroactive - Cracow, said the Court of Appeal. Position on this issue But will the Supreme Court, which today will consider an annulment.
S Karga concerns Polmozbytu Kraków SA, namely ownership changes that have taken place in this company at an Extraordinary General Meeting on 30 June 2003 Five years later, Krakow commercial court finally ruled that it was illegal and annulled all the resolutions taken, including on the selection board.
P aradoks lies in the fact that this sentence is not automatically invalidated the decisions that the council and appointed by its board take. In this so-key how to take control of the company by a new investor.
- N there is no doubt that the decision of the Commercial Court in Krakow was accurate. Unfortunately, as interpreted by the current Supreme Court - the judgment in another case - it does not result in automatic cancellation of subsequent resolutions and decisions of the company illegally appointed. Each must be separately appealed and that within 5 years. Cited unlawful usurper is important mandate, as long as it does not overturn another court order. This in turn causes the impunity of unlawful activities, because it defectively selected Board may dispose of assets across the company and the customer will be defended, that he acted in good faith - believes prof. Stanislaw Sołtysiński , one of the best Polish experts in commercial law in Poland.
Polish Daily, 24 February 2011.
"Fight for Polmozbyt ", edited by Eve kopcik
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