Possibility of applying Actio pauliana to the division of a capital company – selected issues

The topic of this article is the possibility of applying Actio pauliana to the division of a company with particular emphasis on the division by separation in the context of the findings of the judgment of the European Court of Justice of January 30, 2020, case file no. C-394/18. Per that judgement, the remedies provided in the sixth directive constitute only the required minimal level of protection that should be provided to the creditors of a divided company. However, that protection does not preclude the existence of a more extensive protection under national law, such as the rules concerning Actio pauliana. The article provides an answer to the question whether the Polish law regulations allow for granting this form of legal protection to the creditors of a divided company, and if it does, then in what way the claim should be formulated and which particular legal actions should be contested.

The topic of this article is the possibility of applying Actio pauliana to the division of a company with particular emphasis on the division by separation in the context of the findings of the judgment of the European Court of Justice of January 30, 2020, case file no. C-394/18. Per that judgement, the remedies provided in the sixth directive constitute only the required minimal level of protection that should be provided to the creditors of a divided company. However, that protection does not preclude the existence of a more extensive protection under national law, such as the rules concerning Actio pauliana. The article provides an answer to the question whether the Polish law regulations allow for granting this form of legal protection to the creditors of a divided company, and if it does, then in what way the claim should be formulated and which particular legal actions should be contested.