Legislator Case Law & Legislation
I PRN 75/94 AI generated

Supreme Court dismisses claim for early payout of revalued cooperative shares before the five-year statutory protection period expires.

Case Number I PRN 75/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed Piotr B.'s claim for immediate payment of revalued cooperative shares, overturning lower court rulings that allowed early distribution. The plaintiff argued that his membership termination required full settlement, while the defendant contended that the five-year waiting period was essential to protect the cooperative's economic stability. The court ruled that the statute explicitly restricts payout to former members only after five years, thereby preventing them from participating in covering losses with revalued shares.

Legislator headnote

AI generated

Art. 5 ust. 1 ustawy z dnia 30 sierpnia 1991 r. o waloryzacji udziałów członkowskich w spółdzielniach; The five-year prohibition on paying revalued shares to former members applies to all former members to protect the cooperative's economic condition, not just current members.

Keywords

AI generated
cooperative shares revaluation five-year payout restriction former member rights economic condition protection supreme court review cooperative law Poland shareholder compensation

Cited Legislation

AI generated
Art. 5 ust. 1 of the Act of 30 August 1991 on the revaluation of members' shares in cooperatives and amending certain Acts
Art. 19 § 2 of the Cooperative Law
Art. 26 of the Cooperative Law
Art. 28 of the Cooperative Law
Art. 422 § 1 of the Code of Civil Procedure
art. 120 k.c
art. 262 § 1 k.p
art. 476 § 1 k.p.c
art. 422 § 1 k.p.c
art. 201 k.p.c

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