Supreme Court dismissed appeal; dismissal of board member requires them to still be a board member at the time.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a cooperative manager against his dismissal from his position. The appellant argued that the supervisory board lacked authority to dismiss him, claiming the management board held that power. The court ruled that Article 52 § 3 of the Cooperative Law only applies if the individual remains a board member at the time of dismissal, which was not the case here. Consequently, the cassation was rejected as the specific legal ground raised was unfounded.
Legislator headnote
AI generatedArt. 52 § 3 Prawa spółdzielczego; Art. 48 § 2 Prawa spółdzielczego: The provision granting the management board the right to dismiss a board member applies only if the individual is still a board member at the time of dismissal; if they have ceased to be a board member, the provision does not apply.