On March 20, 2017, the District Court in Gdańsk allowed the appeal filed by the lawyers of the Law Firm and allowed entirely the lawsuit filed by the company represented by us against its former shareholders.
The Law Firm’s Client is an entrepreneur operating in the publishing industry, and the lawsuit concerned the return of advances against the expected dividend, unduly taken by former shareholders, who are at the same time former members of the management board.
Prior to the sale of the shares, the company’s shareholders made payment of advances to the dividend for 2014. The payment was justified on the basis of the profit achieved in the previous year and was made from the reserve capital.
The Company however did not make a profit for 2014 and consequently claimed for return of the advances. The District Court confirmed the argumentation of the Law Firm that in the case the provisions on unfounded enrichment should be applied and allowed the lawsuit.