2010 July

MAJOR CURRENT JUDICAL DECISSIONS OF SUPREME COURT

Resolution of 21 July 2010 (reference symbol of files III CZP 49/10).
It is permissible to secure a claim for annulment of the resolution of the shareholders of a LLC by the suspension of the registration proceedings concerning the entry changes on the basis of this resolution.

Resolution of 21 July 2010 (reference symbol of files III CZP 23/10).
If the company agreement provides otherwise, a mandate of a member of the board expires within the time stipulated in article 202 § 1 Commercial Companies Code even if according to the resolution of the shareholders the appointment was made for an indefinite period.

Resolution of 21 July 2010 (reference symbol of files III CZP 47/10).
Basis of the opposition action stipulated in article 840 § 1 item 2 in fine Civil Code Proceedings is a court’s failure to recognize a plea of performance reported before closing the hearing.

Resolution of 7 judges of Supreme Court of 13 July 2010 (reference symbol of files III CZP 29/10).
The court may refuse to release the parties from court costs or to appoint a representative to bring an action for making the final decision invalid if the application, for obvious reasons, would be subject to rejection

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Resolution of 7 judges of Supreme Court of 13 July 2010 (reference symbol of files III CZP 1/10).
Dispute related to the conclusion of the agreement referred to in article 211 item 1 of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text Journal of Law 2006 No. 90, item 631, as amended.) is also a dispute concerning the contents of the agreement. Admissibility of the court proceeding in matters related to concluding such an agreement depends on the exhaustion of the proceedings before the Copyright Commission, referred to in article 108 paragraph5 of the Act.

Resolution of 7 July 2010 (reference symbol of files III CZP 45/10).
The legal successor of the person to whom the right in the land register is inscribed, does not belong to the circle of participants in the proceedings on the land registers for an entry for encumber of this right even if the legal successor right results from the documents filed in the Land Register and the warning entry about the non-compliance of legal status found in the land register with the actual state of affairs has been made.


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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