Supreme Court remands case to determine if supervisory board had exclusive power to manage employment relations with board members.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland remanded the case to the appellate court in Gdańsk for a new trial on costs. The plaintiff, a company board member, sought compensation for termination of his employment contract, arguing the supervisory board lacked exclusive authority to manage his employment terms. The court held that the supervisory board's general representation powers under company law do not automatically grant exclusive control over employment relations with board members, especially when the articles of association leave this matter to the shareholders' meeting.
Legislator headnote
AI generatedArt. 203 k.h.; Art. 65 k.c.; Art. 300 k.p.; The supervisory board's statutory power to represent the company does not inherently confer exclusive authority to manage employment relations with board members, requiring specific provisions in the articles of association or clear corporate practice to establish such competence.