I PKN 102/98
AI generated
Supreme Court dismissed appeal claiming employment continuity grants shareholder rights in privatized company.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal seeking to establish shareholder rights in a privatized company based on his prior employment. The lower court ruled that joining a limited liability company is not an entitlement dependent on continuous employment under Article 51 § 1 of the Labor Code. The court held that shareholder status must be acquired strictly according to the Commercial Code, which does not grant such rights to those outside the company.
Legislator headnote
AI generatedArt. 51 § 1 KP; Art. 393 § 12 KPC: Joining a limited liability company is not an entitlement dependent on continuous employment, and the Commercial Code exclusively governs the acquisition of shareholder status.
Keywords
AI generated
continuous employment
limited liability company
shareholder rights
privatization
labor code
commercial code
casation appeal
Cited Legislation
AI generatedArt. 51 § 1 KP
Art. 393 § 12 KPC
Art. 38 of the Act of 13 July 1990 on the Privatization of State Enterprises