2010 December

MAJOR CURRENT JUDICAL DECISSIONS OF SUPREME COURT

Resolution of 21 December 2010 (reference symbol of files III CZP 94/10).
Copy from the National Court Register certified as true copy by an applicant’s proxy, who is also an attorney-at-law, may constitute a basis for court enforcement clause for the benefit of the legal successor of the creditor by virtue of article 788 § 1 of Civil Code Proceedings.

Resolution of 17 December 2010 (reference symbol of files III CZP 103/10).
Complaint against decisions of the National Board of Appeal of the Public Procurement Office brought before the court after 22 December 2009, is subject to a fee in the amount stipulated in article 34 of the Act of 28 July 2005 on costs in civil matters, as amended by the Act of 5 November 2009 amending the Act - the Public Procurement Law and the law on court fees in civil matters (Journal of Law No. 206 of 2009, pos. 1591).

Resolution of 17 December 2010 (reference symbol of files III CZP 93/10).
The provision of article 49 paragraph 4 in conjunction with paragraph 2 of the Act of 29 August 1997 on court bailiffs and enforcement (uniform text Journal of Law 2006, No. 167, item 1191, as amended) as amended by Act of 24 May 2007 amending the Act on court bailiffs and enforcement and other acts (Journal of Law No. 112, pos. 769) does not constitute the basis for charging the enforcement fee by the bailiff from the creditor if the cancellation of enforcement was due to the debtor’s absence of legal capacity (art. 824 § 1 item 2 of the CCP) which already existed at the time of filing application of enforcement.

Resolution of 17 December 2010 (reference symbol of files III CZP 96/10).
Refusal to publish by the Board the notice referred to in article 4021 of Commercial Companies Code, if the convening a general meeting of shareholders of a public company is the shareholders’ initiative, pursuant to article 399 § 3 CCC, means cancellation of general meeting by the Board, within the meaning of article 594 § 3 of the CCC.

Resolution of 9 December 2010 (reference symbol of files III CZP 104/10).
Non-performance or improper performance of a written ‘developer agreement constitutes the basis for claiming for compensation from the developer by the contractor on the basis of article 471 of Civil Code.

Resolution of 9 December 2010 (reference symbol of files III CZP 100/10).
Establishment of a separate ownership (a garage) in the building constructed on a property that is the subject of ownership or perpetual usufruct by a housing cooperative is permissible, even if the property consists of two or more geodeticly separate and non-adjacent plots.


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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