Legislator Case Law & Legislation
I AGa 381/21 AI generated

Member of management liable under Art 299 KSH if holding office at debt creation, not necessarily demand date.

Case Number I AGa 381/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ruled that a member of management bears liability under Article 299 of the Commercial Companies Act if they held office at the time the debt arose, regardless of when it became due. The plaintiff argued liability should attach only upon the debt's demand date, while the defendant contended liability requires holding office at creation. The court rejected this distinction, establishing that the critical moment for establishing liability is the date the debt was created.

Legislator headnote

AI generated

Art. 299 Kodeksu spółek handlowych; A member of management is liable for damages caused by the company if they held office at the time the damaging act occurred, irrespective of whether they held office when the claim became due.

Keywords

AI generated
commercial companies act member of management liability debt creation date demand date distinction commercial law liability

Cited Legislation

AI generated
Art. 299 Kodeksu spółek handlowych

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Full text

członek zarzadu ponosi odpowiedzialnosc z art 299 ksh rowniez jezeli pełni funkcje w dacie powstania wierzytelnosci , a niekoniecznie w dacie jej wymagalnosci.