Legislator Case Law & Legislation
II PK 245/04 AI generated

Supreme Court dismissed appeal; Art. 169 Banking Law applies only to board members active at interim management appointment date.

Case Number II PK 245/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Witold K. against a lower court ruling awarding him compensation for a non-compete agreement. The plaintiff argued that Article 169 of the Banking Law should strip him of rights to bonuses earned after his removal from the board, which preceded the appointment of the interim management. The Court rejected this, holding that the provision strictly applies only to board members holding office at the exact moment the interim management was established. Consequently, the Court ruled that individuals removed earlier, even if they contributed to the situation leading to interim management, do not fall under this specific statutory restriction.

Legislator headnote

AI generated

Art. 169 Prawa bankowego; The provision restricting financial remuneration rights applies exclusively to board members actively performing their functions at the date of the interim management's establishment, excluding those previously removed.

Keywords

AI generated
Banking Law Art. 169 Interim management appointment Non-compete agreement compensation Board member liability Strict statutory interpretation Removal from office Cassation appeal dismissal

Cited Legislation

AI generated
art. 169 ustawy z dnia 29 sierpnia 1997 r. - Prawo bankowe
art. 298 § 1 Kodeksu handlowego
art. 30 k.p
art. 42 k.p
art. 1012 § 3 k.p
art. 3531 k.c
art. 354 § 1 k.c
art. 5 k.c
art. 1012 k.p
art. 1012 § 2 k.p

Cited Case Law

AI generated

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