On December 13th 2022 in the case no. I NSNc 433/21 the Supreme Court – Chamber or Extraordinary Control and Public Affairs issued a judgment dismissing the Prosecutor General’s extraordinary complaint against the judgment partially dismissing a lawsuit filed against the members of the management board of a limited liability company by an employee who had previously obtained a judgment awarding him a salary from the company, but which he was unable to enforce due to the company’s insolvency.
The Supreme Court, in dismissing the complaint, pointed out that the contested judgment was based on the concept of compensatory liability of members of the management board of a limited liability company, which is dominant in the jurisprudence, and that no prerequisites for this extraordinary remedy were met – which in itself does not raise any controversy, however, the factual and legal state of the judgment can become a canvas for consideration of the nature of liability under Article 299 of the Commercial Companies Act in the case of claims for labor remuneration.
The content of the claims at issue in the case, as well as the content of various rulings of the District Court and the Court of Appeals issued before the filing of the extraordinary appeal, shows that three ways of interpreting the aforementioned provision with regard to claims for labor remuneration are possible: awarding members of the board of directors the full gross amount, awarding the amount less the tax and social contributions due, and awarding the amount less only the tax. In this case the employee hired was awarded the amount less only advance tax payments – which seems a reasonable compromise.
Pangea Net Annual General Meeting in Kolding
Win against ZUS before the Appellate Court in Poznań
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Winning dispute with PZU SA for over PLN 1,000,000
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A favorable judgment in a case for more than PLN 400,000
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XXX edition of the Willem C. Vis International Commercial Arbitration Moot Court in Vienna
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Expansion of compliance offer
Lawsuit against the State Forests
January Supreme Court resolutions on procedural redress of grievances
Favorable ruling in construction permit dispute
Supreme Court’s verdict on the liability of management board of a limited liability company
Extensive changes in consumer law
Resolution of the Supreme Court on judicial review of the constitutionality of a law
Settlement worth 500.000 EUR
Important changes in the financial market
Changes to the National Court Register
Amendment of the Law on Consumer Rights
Draft amendment to the Law on Wind Power Investments
Successful negotiation of a contract worth 35 million EUR
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PANGEA NET Conference in Poznan
Supreme Court resolution on limited use areas
Precedentious lawsuit with value exceeding PLN 700.000
Win against the insurer in a precedential damages dispute
Resolution of the Supreme Court concerning the costs of bailiff enforcement
Judgment of the Constitutional Tribunal on municipal ordinances
Win in an anti-enforcement case worth over PLN 1,000,000
Important changes in the Commercial Companies Code
Two resolutions of the Supreme Court on the functioning of public Corporation
Supreme Court resolution on easements of land
Draft amendments to the succession law
We win at the Voivodship Administrative Court in the planning fee case
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Amendments to the Civil Code.
Important resolution of the Supreme Court.
Major changes in Waste Law.
Sale of Galeria Malta
Sale of investment lands in Poznań.
Resolution of the panel of 7 Supreme Court judges regarding claims of the landowner.
Draft law on VAT e-invoices and the National e-Invoicing System.
Supreme Court’s resolution on liability for hazardous products
Amendment of the Code of Administrative Procedure
Amendment to the Civil Code concerning personal injury.
Constitutional Tribunal’s judgment regarding return of real estate taken over for public roads.
Draft amendments in the scope of declaring administrative decisions invalid.
Law firm’s participation in a lawsuit for contractual penalties in the amount of over PLN 200,000.
Family foundation bill.
Merge of Avenir Medical Poland and Perfect Eye.
Winning a dispute for over PLN 850,000
Winning a dispute over the settlement of expenses on a joint property.
Competition and Consumer Protection Office imposes penalties for so-called payment blockages.
Changes in banking law
Support for the National Human Rights Competition.
Purchase of investment land by a Client of the Law Firm.
Law on support of offshore wind farms.
New court for public procurement.
Settlement worth 650.000 PLN.
New “sugar fee”.
We are pursuing claims exceeding 25 million EUR
We concluded a favorable settlement in a dispute of over 500,000 PLN
Dispute over PLN 250,000 of remuneration for share sales managerial services
Claims against Polish Financial Supervision Authority in regards to bonds of GetBack SA
Conducting a pioneering ‘downstream merger’ procedure.
Conducting the pioneering procedure of downstream merger.
Dispute between President of Personal Data Protection Office and Chief Surveyor of the Country.
An important stance of the Supreme Court regarding claims for protection of personal rights.
Supreme Court resolution on contractual penalties in public procurement
Resolution of 7 Supreme Court judges on personal injury
Supreme Court resolution concerning a bill of exchange security for receivables.
Greenfield project worth over 300.000.000 EUR
Write-off of the tree cutting fee of more than 3.000.000 PLN
Changes in execution from real estate.
Act on ensuring public aid to save or reorganize entrepreneurships.
We have obtained over a million zloty for the Law firm’s Client.
Dismissal of the fiscal claims against Law firm’s Client.
Sale of the most expensive horse in the Polish history.
PANGEA NET Conference in New Delhi.
Changes in Construction Law.
Law firm’s participation in Avenir Medical Poland’s takeover.
Changes in civil procedure.
New obligations for businessmen within BDO
Resolution of the 7 Supreme Court judges regarding contractual penalty
Sale of shares of United Packaging S.A.
Important judgment of the Supreme Court regarding franchised chains
Law firm’s success in front of the Court in Strasbourg.
Division of the Krotoski- Cichy Group
PANGEA NET Conference in Amsterdam
New type of capital company in Code of Commercial Companies
Legal changes concerning GDPR
Changes concerning the trade of agricultural land.
We are managing the merger of companies
Changes concerning trademarks
A favorable judgment of the Court of Competition and Consumer Protection
Important resolution of the Supreme Court regarding manager’s liability
The draft of the new Public Procurement Law
The draft of the new Public Procurement Law.
A draft of amendments to the Code of Civil Procedure
Support for greenfield investments worth PLN 20,000,000.
The Act on the National Register of In-Debt-Persons.
Jubileusz 25-lecia Kancelarii Babiaczyk, Skrocki i Wspólnicy.
Upcoming changes in company law
WIRAS Verbund International conference in Lisbon
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New provisions on limitation
New registration obligations of companies.
Compensation for the victim’s relatives
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Draft of an act on supporting new investments
We implement GDPR regulations
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Conference Cloud & Datacenter Day Poznań #2
Resolutions of the Supreme Court concerning the infringements of law in the Internet
Judgement of the Constitutional Court concerning the taxation of buildings and structures
Changes in the income taxes.
Purchase of an organized part of enterprise with the value of over 15.000.000 PLN
The lecture by Dr Mirosław Babiaczyk on the Economic Forum Oldenburg – Poland
PANGEA NET conference on labor law
We advise on the construction investment with a value of above 40 million PLN
Participation of the Law Firm at the WIRAS Verbund International Conference in Salzburg
Merger of world leaders in the GRP pipe market
We advise the subcontractor of the subway in Warsaw
Purchase of a company in Lithuania
Sailing Regatta.
PANGEA NET conference 2017.
The firm’s involvement in litigation concerning investor’s supervision.
Development of the competition law practice.
Ranking of Law Firms 2017
New rules on competition law
Changes in the administrative procedure.
PANGEA NET conference on corporate law.
Favorable judgment on the settlement of a company with former shareholders.
A favorable verdict in the case concerning an appeal against a decision of National Appeals Chamber
The winning at the Court of Appeal in Poznań
Favorable judgments in cases concerning the compensation for aircraft noise
Important judgement concerning transmission easement
Prescription and perpetual usufruct
Important changes in economic law
Changes of the tax system in 2017
Participation of the Law Firm at legal audit due diligence
Personal data protection: new EU-Regulation
New act on concession for construction works or services
Insurances: important clause in agreements
Favorable judgment of the Nationals Appeals Chamber
Participation of the Law Firm in the Forest – Timber Commission
Favorable judgment against the State
PANGEA NET 2016 Conference
Update of the waste management plans
Victory in a dispute with an insurer
New restructuring law
Ranking of the law firms 2016
Law on trade in agricultural land
Compensation for loss of profit
Legal Market Day 2016
New EU consumer law
Obligation to register the refrigeration facilities
New principles concerning the calculation of the statutory interest and interest for delay
Consultation in the outplacement process
Compliance audit for the Law Firm’s Client
New rules concerning the undisclosed income tax
Enforcement of the judgment and publication of an apology on the Internet
Liability of the state for the courts’ actions: judgment of the Constitutional Court
PANGEA NET conference in London
Judgement of the Supreme Court concerning settlement of EU subsides
Resolution of the Supreme Court on drivers’ liability insurance
Sentence of the EU Court of Justice on gas tariffs
Changes in proceedings before administrative courts
Counseling at an international contract for sale of goods
Significant judgment for construction industry
PANGEA NET Conference 2015
Sailing races and tennis tournament
Significant judgment of Constitutional Tribunal in labour law
Ranking of the law firms 2015
Realization of installation of thermal and biological waste treatment
The Tribunal questions the bank enforcement title
Services concerning the packaging industry investment
Service of cross-border security and transfer of claims
New principles concerning the enforcement of foreign judgments in EU
Modernization of the Shopping Center by the Law Firm’s Client
Crucial resolution of the Supreme Court concerning the commercial power of attorney.
Conclusion of transmission contract with GAZ – SYSTEM S.A.
Judgment of the Constitutional Tribunal concerning the damages for landowners
The final judgment concerning the so called „listing fees”
New consumer law
New website of the Law Firm
The resolution of the Supreme Court concerning the deduction of the contractual penalties
Opening of the Shopping Centre by the Law Firm’s Client
International Labour Law Conference PANGEA NET
Success in litigation concerning gas network damage
Signing an advantageous court settlement
Constitutional Tribunal’s judgment concerning tax on undisclosed sources
We advise on a purchase of an office building in the centre of Poznań
Binding Supreme Court’s judgment concerning managers’ liability
Breakthrough ruling concerning the statute of limitation
Participation of our firm in a prestigious lawsuit
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Our lawyers in the press about “listing fees”
Uchwała składu 7 sędziów SN dotycząca kar umownych
Win against ZUS before the Appellate Court in Poznań
Success before the Court of Appeals in Lodz
Pangea Net Practice Group Meetings
Won compensation lawsuit
Favorable judgment of the Administrative Court in Wrocław
Successful construction arbitration case
Another success of the Law Firm before the Regional Appeal Board in Poznań
Success in proceedings before the Arbitration Court at the National Chamber of Commerce
Another victory in a case for payment
Winning lawsuit on the issue of limitation of claims
Successful action in a case for payment of more than EUR 1,500,000
Winning dispute with PZU SA for over PLN 1,000,000
Win of a tender worth more than PLN 1,700,000.
Another favorable ruling by the Local Government Appeals Board in Poznan
Law Firm’s success in proceedings to change the development conditions
Supreme Court’s resolution on protection of personal rights of legal entities
We have obtained the revocation of a demolition order for a building structure
Resolution of a panel of 7 judges of the Supreme Court on actio Pauliana
We helped to win a prestigious “hydrogen” tender
Constitutional Tribunal’s verdict on real estate tax
A favorable judgment in a case for more than PLN 400,000
IX National Henryk Strzelecki Sailing Regatta
Win in a case worth over PLN 5.000.000
Pangea Net Conference in Antwerp
XXX edition of the Willem C. Vis International Commercial Arbitration Moot Court in Vienna
Pangea Net Practice Group Meeting in Barcelona
Extensive amendments to the Labour Code
Act regulating pawnshop activities
Disposal of Europa Centralna Shopping Center
Expansion of compliance offer
Lawsuit against the State Forests
January Supreme Court resolutions on procedural redress of grievances
Favorable ruling in construction permit dispute
Supreme Court’s verdict on the liability of management board of a limited liability company
Extensive changes in consumer law
Resolution of the Supreme Court on judicial review of the constitutionality of a law
Settlement worth 500.000 EUR
Important changes in the financial market
Changes to the National Court Register
Amendment of the Law on Consumer Rights
Draft amendment to the Law on Wind Power Investments
Successful negotiation of a contract worth 35 million EUR
Success in the proceedings concerning a permit for the construction of a power grid
PANGEA NET Conference in Poznan
Supreme Court resolution on limited use areas
Precedentious lawsuit with value exceeding PLN 700.000
Win against the insurer in a precedential damages dispute
Resolution of the Supreme Court concerning the costs of bailiff enforcement
Judgment of the Constitutional Tribunal on municipal ordinances
Win in an anti-enforcement case worth over PLN 1,000,000
Important changes in the Commercial Companies Code
Two resolutions of the Supreme Court on the functioning of public Corporation
Supreme Court resolution on easements of land
Draft amendments to the succession law
We win at the Voivodship Administrative Court in the planning fee case
Works on the “peace courts” continue.
Amendments to the Civil Code.
Important resolution of the Supreme Court.
Major changes in Waste Law.
Sale of Galeria Malta
Sale of investment lands in Poznań.
Resolution of the panel of 7 Supreme Court judges regarding claims of the landowner.
Draft law on VAT e-invoices and the National e-Invoicing System.
Supreme Court’s resolution on liability for hazardous products
Amendment of the Code of Administrative Procedure
Amendment to the Civil Code concerning personal injury.
Constitutional Tribunal’s judgment regarding return of real estate taken over for public roads.
Draft amendments in the scope of declaring administrative decisions invalid.
Law firm’s participation in a lawsuit for contractual penalties in the amount of over PLN 200,000.
Family foundation bill.
Merge of Avenir Medical Poland and Perfect Eye.
Winning a dispute for over PLN 850,000
Winning a dispute over the settlement of expenses on a joint property.
Competition and Consumer Protection Office imposes penalties for so-called payment blockages.
Changes in banking law
Support for the National Human Rights Competition.
Purchase of investment land by a Client of the Law Firm.
Law on support of offshore wind farms.
New court for public procurement.
Settlement worth 650.000 PLN.
New “sugar fee”.
We are pursuing claims exceeding 25 million EUR
We concluded a favorable settlement in a dispute of over 500,000 PLN
Dispute over PLN 250,000 of remuneration for share sales managerial services
Claims against Polish Financial Supervision Authority in regards to bonds of GetBack SA
Conducting a pioneering ‘downstream merger’ procedure.
Conducting the pioneering procedure of downstream merger.
Dispute between President of Personal Data Protection Office and Chief Surveyor of the Country.
An important stance of the Supreme Court regarding claims for protection of personal rights.
Supreme Court resolution on contractual penalties in public procurement
Resolution of 7 Supreme Court judges on personal injury
Supreme Court resolution concerning a bill of exchange security for receivables.
Greenfield project worth over 300.000.000 EUR
Write-off of the tree cutting fee of more than 3.000.000 PLN
Changes in execution from real estate.
Act on ensuring public aid to save or reorganize entrepreneurships.
We have obtained over a million zloty for the Law firm’s Client.
Dismissal of the fiscal claims against Law firm’s Client.
Sale of the most expensive horse in the Polish history.
PANGEA NET Conference in New Delhi.
Changes in Construction Law.
Law firm’s participation in Avenir Medical Poland’s takeover.
Changes in civil procedure.
New obligations for businessmen within BDO
Resolution of the 7 Supreme Court judges regarding contractual penalty
Sale of shares of United Packaging S.A.
Important judgment of the Supreme Court regarding franchised chains
Law firm’s success in front of the Court in Strasbourg.
Division of the Krotoski- Cichy Group
PANGEA NET Conference in Amsterdam
New type of capital company in Code of Commercial Companies
Legal changes concerning GDPR
Changes concerning the trade of agricultural land.
We are managing the merger of companies
Changes concerning trademarks
A favorable judgment of the Court of Competition and Consumer Protection
Important resolution of the Supreme Court regarding manager’s liability
The draft of the new Public Procurement Law
The draft of the new Public Procurement Law.
A draft of amendments to the Code of Civil Procedure
Support for greenfield investments worth PLN 20,000,000.
The Act on the National Register of In-Debt-Persons.
Jubileusz 25-lecia Kancelarii Babiaczyk, Skrocki i Wspólnicy.
Upcoming changes in company law
WIRAS Verbund International conference in Lisbon
Transforming perpetual usufruct into property
Split Payment
Start of the Waste Database
Personal Data Protection Act
WIRAS Verbund International conference in Lisbon
Ranking of Law Firms 2018
Changes in compulsory mortgages
New provisions on limitation
New registration obligations of companies.
Compensation for the victim’s relatives
New entrepreneurs’ law
Draft of an act on supporting new investments
We implement GDPR regulations
Compliance training for the Law Firm’s Client
Conference Cloud & Datacenter Day Poznań #2
Resolutions of the Supreme Court concerning the infringements of law in the Internet
Judgement of the Constitutional Court concerning the taxation of buildings and structures
Changes in the income taxes.
Purchase of an organized part of enterprise with the value of over 15.000.000 PLN
The lecture by Dr Mirosław Babiaczyk on the Economic Forum Oldenburg – Poland
PANGEA NET conference on labor law
We advise on the construction investment with a value of above 40 million PLN
Participation of the Law Firm at the WIRAS Verbund International Conference in Salzburg
Merger of world leaders in the GRP pipe market
We advise the subcontractor of the subway in Warsaw
Purchase of a company in Lithuania
Sailing Regatta.
PANGEA NET conference 2017.
The firm’s involvement in litigation concerning investor’s supervision.
Development of the competition law practice.
Ranking of Law Firms 2017
New rules on competition law
Changes in the administrative procedure.
PANGEA NET conference on corporate law.
Favorable judgment on the settlement of a company with former shareholders.
A favorable verdict in the case concerning an appeal against a decision of National Appeals Chamber
The winning at the Court of Appeal in Poznań
Favorable judgments in cases concerning the compensation for aircraft noise
Important judgement concerning transmission easement
Prescription and perpetual usufruct
Important changes in economic law
Changes of the tax system in 2017
Participation of the Law Firm at legal audit due diligence
Personal data protection: new EU-Regulation
New act on concession for construction works or services
Insurances: important clause in agreements
Favorable judgment of the Nationals Appeals Chamber
Participation of the Law Firm in the Forest – Timber Commission
Favorable judgment against the State
PANGEA NET 2016 Conference
Update of the waste management plans
Victory in a dispute with an insurer
New restructuring law
Ranking of the law firms 2016
Law on trade in agricultural land
Compensation for loss of profit
Legal Market Day 2016
New EU consumer law
Obligation to register the refrigeration facilities
New principles concerning the calculation of the statutory interest and interest for delay
Consultation in the outplacement process
Compliance audit for the Law Firm’s Client
New rules concerning the undisclosed income tax
Enforcement of the judgment and publication of an apology on the Internet
Liability of the state for the courts’ actions: judgment of the Constitutional Court
PANGEA NET conference in London
Judgement of the Supreme Court concerning settlement of EU subsides
Resolution of the Supreme Court on drivers’ liability insurance
Sentence of the EU Court of Justice on gas tariffs
Changes in proceedings before administrative courts
Counseling at an international contract for sale of goods
Significant judgment for construction industry
PANGEA NET Conference 2015
Sailing races and tennis tournament
Significant judgment of Constitutional Tribunal in labour law
Ranking of the law firms 2015
Realization of installation of thermal and biological waste treatment
The Tribunal questions the bank enforcement title
Services concerning the packaging industry investment
Service of cross-border security and transfer of claims
New principles concerning the enforcement of foreign judgments in EU
Modernization of the Shopping Center by the Law Firm’s Client
Crucial resolution of the Supreme Court concerning the commercial power of attorney.
Conclusion of transmission contract with GAZ – SYSTEM S.A.
Judgment of the Constitutional Tribunal concerning the damages for landowners
The final judgment concerning the so called „listing fees”
New consumer law
New website of the Law Firm
The resolution of the Supreme Court concerning the deduction of the contractual penalties
Opening of the Shopping Centre by the Law Firm’s Client
International Labour Law Conference PANGEA NET
Success in litigation concerning gas network damage
Signing an advantageous court settlement
Constitutional Tribunal’s judgment concerning tax on undisclosed sources
We advise on a purchase of an office building in the centre of Poznań
Binding Supreme Court’s judgment concerning managers’ liability
Breakthrough ruling concerning the statute of limitation
Participation of our firm in a prestigious lawsuit
5TH ABSL Conference in Poznań
Our lawyers in the press about “listing fees”
Uchwała składu 7 sędziów SN dotycząca kar umownych
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