Legislator Case Law & Legislation
I UK 39/08 AI generated

Court rules liability for bankruptcy filing depends on actual duty performance, not just holding the office.

Case Number I UK 39/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Social Insurance Institution's appeal against a lower court ruling that exonerated a sole manager from liability for unpaid social insurance contributions. The manager argued that her pregnancy, illness, and parental leave exempted her from the duty to file bankruptcy or restructuring petitions, but the court held that such conditions do not automatically negate fault. The court determined that liability is assessed based on whether the manager actually performed their duties or could have taken reasonable steps, such as appointing a proxy, to manage the company during their absence.

Legislator headnote

AI generated

Art. 116 § 1, 2 Ordynacji podatkowej; Art. 208 § 2 k.s.h.: Liability of a sole manager for failing to file bankruptcy petitions is determined by whether they actually performed their duties or could have taken reasonable measures, rather than by the mere fact of holding the office or experiencing personal circumstances like illness or pregnancy.

Keywords

AI generated
sole manager liability bankruptcy filing duty social insurance contributions fault assessment criteria proxy appointment obligation tax administration procedure business management duties

Cited Legislation

AI generated
art. 116 § 1, 2 Ordynacji podatkowej
art. 31 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
art. 98 k.c.
art. 95 § 2 k.c.
art. 208 § 2 k.s.h.
art. 95 § 2 k.c
art. 201 k.s.h
art. 299 k.s.h
art. 98 k.c
art. 208 § 2 k.s.h

Cited Case Law

AI generated

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