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I PKN 597/01 AI generated

Resignation from CEO does not end board status; formal removal by shareholders is required to terminate employment contract.

Case Number I PKN 597/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim for reinstatement, ruling that resigning as CEO does not automatically terminate his board membership. The court held that the plaintiff remained a board member until formally removed by the shareholders' meeting, meaning his employment contract was not legally terminated until that specific act occurred. Consequently, the case was remanded to the regional court to determine if the subsequent termination of his employment was lawful.

Legislator headnote

AI generated

Art. 196 k.h.; Art. 393 § 1 k.p.c.: Resignation by a board member does not automatically terminate their status as a member of the board; formal removal by the competent organ is required, and the employment contract remains valid until such removal is effected.

Keywords

AI generated
resignation from board formal removal procedure employment contract termination shareholders meeting power board member status unlawful dismissal reinstatement claim

Cited Legislation

AI generated
Art. 196 k.h.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 393 § 19 k.p.c.
art.100 § 2 pkt 4 k.p
art. 56 § 1 k.p
art. 8 k.p
art. 227 k.p.c
art. 233 § 1 k.p.c
art. 39313 § 1 k.p.c

Cited Case Law

AI generated
III CZP 28/97

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