Supreme Court dismissed director's restructuring claim, ruling debt belongs to the company, not the individual director.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a director seeking restructuring of public-law debts transferred to him personally. The court found that under the relevant restructuring law, the debt obligation belongs to the company, not the individual director, and restructuring only applies if the company continues its business. Consequently, the court held that the director is not the intended beneficiary of the statute and cannot claim restructuring for debts he incurred as a manager.
Legislator headnote
AI generatedUstawa z dnia 30 sierpnia 2002 r. o restrukturyzacji niektórych należności publicznoprawnych od przedsiębiorców; Art. 299 § 1 k.s.h.: Restructuring applies only to the company's business activities, not to the personal debts of its directors, as the statute targets the enterprise to restore its financial stability and employment.