Legislator Case Law & Legislation
I PKN 322/00 AI generated

Dismissal of appeal: Article 374 KH applies only to organizational relations, not employment relations after board removal.

Case Number I PKN 322/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a lower court ruling in favor of the employee. The employee, a board member, was removed from his board function in April 1998 while still employed under a labor contract, and the employer subsequently terminated the contract without notice in January 1999. The court held that Article 374 of the Commercial Code governs only organizational relations and ceases to apply upon the removal from the board, meaning the termination was governed by labor law principles rather than commercial code provisions.

Legislator headnote

AI generated

Art. 374 KH; Art. 203 KH; The provisions of the Commercial Code regarding board members apply solely to organizational relations and cease to govern upon removal from the board function, even if the employment contract remains in force.

Keywords

AI generated
Commercial Code provisions Board member removal Labor contract termination Organizational relations Employment relations Cassation appeal dismissal Unlawful termination

Cited Legislation

AI generated
Art. 374 KH
Art. 203 KH
Art. 70 § 2 KP
Art. 41 KP
Art. 53 § 1 pkt 1 lit b KP
Art. 393 § 12 KPC

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