2009 October

Resolution of 7 October 2009 (reference symbol of files III CZP 68/09).
damage was caused by implementation of invalid writ of payment issued with enforcement clause, later annulled, creditor is not liable for this damage on the basis of article 415 of the Civil Code unless an application for the initiation of enforcement and its support was attributable to behavior.

Resolution of 7 judges of 16 October 2009 (reference symbol of files III CZP 54/09).
Fixed charge stipulated in article 26 paragraph 1, subparagraph 3 of Act of 28 July 2005 on court costs in civil matters (OJ No. 167, item 1398 as amended) is collected on the statement of clause for protection of personal interest in part concerning intangible claims.

Resolution of 22 October 2009 (reference symbol of files III CZP 73/09).

  1. Tax debts resulting from economic activity pursued by the bankrupt after the bankruptcy with the possibility of arrangement, after a change of the bankruptcy proceedings involving the liquidation of assets, represent the cost of the insolvency proceedings;
  2. The final remuneration of the receiver determined prior to the final allocation plan may be paid proportionally, if not satisfied in the manner set out in article 343 paragraph 1 of the Act of 28 February 2003 - Bankruptcy and Reorganization Law (OJ No. 60, item 535, as amended).

 Resolution of 22 October 2009 (reference symbol of files III CZP 63/09).

  1. Board of the LLC cannot act as a company in a dispute to annul a resolution of the of the shareholders meeting brought by a partner, who is also a board member of the defendant company;
  2. denies the remainder of the resolution

Resolution of 29 October 2009 (reference symbol of files III CZP 61/09).

  1. Limited liability company to which before the entry into force of the Act of 15 September 2000, the Commercial Companies Code (OJ No. 94, item 1037, as amended.) a partner has made a contribution in kind with legal defects, enjoys the protection stipulated in article 14 § 2 in connection with article 612 of that Act.
  2. Ten-year limitation period of the claim referred to in article 14 § 2 of the Commercial Companies Code, begins with the date of making to LLC non-cash contribution to cover the share capital of that company.

 Resolution of 29 October 2009 (reference symbol of files III CZP 82/09).
In the event of discontinuance of enforcement proceedings at the request of a creditor after the debtor notification of the initiation of execution, from the benefits fulfilled by the debtor directly to the creditor, the bailiff charges a fee referred to in article. 49, paragraph. 2, first sentence of the Act of 29 August 1997 on court executive officers and the enforcement proceedings (uniform text.: OJ of 2006 No. 167, item 1191, as amended.) in the wording of the Act of 24 May 2007 r . amending the Act on court executive officers and the enforcement proceedings and other acts (Journal of Laws No. 112, item 769).

Resolution of 7 judges of 15 October 2009 (reference symbol of files I UZP 3/09).

  1. For arrears of LLC under the social security, Labor Fund, Guaranteed Employee Benefits Fund and health insurance contributions board members are liable, even if the decision of the Social Insurance Institution of this responsibility has been issued following the deletion of the company from the National Court Registry (article 116 of the Act of 29 August , 1997 - Tax Ordinance, uniform text: Journal of Laws of 2005 No. 8, item 60, as amended., in connection with article 31 and 32 of the Act of 13 October 1998 on social security system, a uniform text: Journal of Laws of 2007 No. 11, item 74 as amended).
  2. The decision referred to in paragraph 1 shall be delivered to all members of the board of the LLC.

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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