On June 2, 2009 the Constitutional Tribunal issued a judgment on consistency of the provisions of the Commercial Companies Code with the Constitution of the Republic of Poland. The a.m. provisions provide for no possibility for dismissed members of the management board to challenge resolutions on the refusal to grant approval. The Tribunal recognized the provisions’ consistency with the Constitution stating that the possibility to challenge resolutions of the general meeting is an instrument connected with functioning of the company, thus such instrument cannot be available to former members of the management board. Still, the Tribunal decided that such persons can pursue their rights in court, by demanding the protection of personal goods, or they can defend themselves by pleading the resolution to be in breach of law.

Contact person: Mirosław Bik,

mb@pnplaw.pl