Legislator Case Law & Legislation
II PK 135/10 AI generated

Labor court dismissed appeal; labor law court cannot review board resolutions not challenged in commercial court.

Case Number II PK 135/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former company president against a labor court ruling. The plaintiff argued that the board's dismissal resolution was invalid due to a breach of the company's articles of association, but the labor court correctly noted that this resolution had not been challenged in the commercial court. The court held that the labor court lacks jurisdiction to assess the legality of an unchallenged board resolution, as such resolutions remain valid until annulled by a commercial court judgment.

Legislator headnote

AI generated

Art. 203 § 1 k.s.h.; Art. 240 k.h.; A labor court cannot examine the legality of a shareholders' meeting resolution dismissing a board member if that resolution has not been successfully challenged in a commercial court proceeding.

Keywords

AI generated
labor court jurisdiction board resolution validity commercial court proceedings company articles of association dismissal of employee cassation appeal legal standing

Cited Legislation

AI generated
Art. 203 § 1 k.s.h.
Art. 203 § 2 k.s.h.
Art. 240 k.h.
Art. 58 k.p.
Art. 300 k.p.
Art. 479 § 2 pkt 1 k.p.c.
Art. 398 § 14 k.p.c.
art. 210 k.s.h
art. 201 k.s.h
art. 45 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text