Supreme Court dismissed cassation against termination of former board member's employment contract. The court ruled the articles of association do not apply to former members.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Mieczysław P. against the termination of his employment contract. The plaintiff argued that the Articles of Association required the Supervisory Board Chairman to issue the termination notice, while the defendant contended the former board member was no longer covered by these provisions. The court held that the Articles of Association do not constitute material law under the Civil Procedure Code and that their provisions regarding board members apply only to current members, not former ones.
Legislator headnote
AI generatedArt. 3931 pkt 1 KPC; Art. 203 KH: The articles of association of a limited liability company cannot serve as the basis for cassation proceedings as they do not constitute material law, and provisions referring to board members apply only to current members and do not extend to former board members.