Criminal appeal dismissed; creditor must prove execution title against company before suing directors under Art. 299 § 1 k.s.h.

The Supreme Court dismissed the cassation appeal filed by a creditor against former company directors seeking damages for occupational disease. The lower court rejected the claim because the creditor failed to provide an execution title against the company, a mandatory requirement under Article 299 § 1 of the Company Law. The Supreme Court ruled that the statutory construction does not allow creditors to bypass this procedural step or choose between suing the company and its directors, even in cases of bankruptcy. Consequently, the appeal was rejected, and the creditor was not ordered to pay the costs of the cassation proceedings.