2008 December

Resolution dated on 5 th December 2008 (reference symbol of files III CZP 124/08).
The third party can not effectively raise an objection of the agreement voidance for the limited liability company, represented by the dismissed management board member who in the moment of concluding the agreement was still in the register of entrepreneurs.

The resolution of 7 judges of the Supreme court dated on 16 th December 2008 (reference symbol of files III CZP 102/08).
Case in civil suit between parties in scope of conduced by them business activity is not an economic case according to the article 4791 of Civil Law Proceedings and article 2 of the resolution 1 dated on 24 May 1989 about recognition of the economic cases by courts (Journal of Law No 33, pos. 175 with all the changes) if any of the parties ceased to be an entrepreneur before bringing in the statement of claim.

The resolution of 7 judges of the Supreme court dated on 11 th December 2008 (reference symbol of files I UZP 6/08).
In the event of right to retirement establishment a condition for including into the benefit contribution periods stipulated in article 6, resolution 1 clause 9 of the resolution dated on 17 th December 1998 about pensions and retirements from the Social Benefit Fund (uniform text: Journal of Law – 2004 No 39 pos. 353 with all the changes) is – after coming into force resolution dated on 9 th November 2000 about repatriation (uniform text: journal of Law dated on 2004 No 53, pos. 532 with all the changes) – submitting by the applicant decision about granting him a status of repatriate on the basis of article 16 of resolution 4 of this resolution.

Resolution dated on 4 th December 2008 (reference symbol of files II UZP 6/08)
Transfer of responsibility for contributions collection onto the members of the management board of the limited liability company is also possible after losing its legal status due to bankruptcy proceedings and deleting this legal subject from the National Court Register of Entrepreneurs (article 116 of resolution dated on 9 th August 1997, Tax Ordinance – uniform text Journal of Law dated on 2005, No 8, pos. 60 with all the changes).


Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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