%0 Journal Article
%T Judgment on the obligation of a member of the company’s management board to repair damage in a criminal trial. Gloss to the judgment of the Polish Supreme Court of January 26, 2016, case file no. V KK 323/15
%A Matejko, Witold
%J Attorney-at-Law
%V 2024
%R 10.4467/23921943RP.24.009.19890
%N 1 (38)
%P 151-160
%K anti-accumulation clause, reparation of damage, compensatory measure, liability of a member of the management board of a limited liability company
%@ 2392-1943
%D 2024
%U https://ejournals.eu/en/journal/radca-prawny/article/orzeczenie-o-obowiazku-naprawienia-szkody-przez-czlonka-zarzadu-spolki-w-procesie-karnym-glosa-do-wyroku-sadu-najwyzszego-z-dnia-26-stycznia-2016-r-v-kk-323-15-krytyczna
%X The commented judgment is part of the line of jurisprudence advocating the thesis that, on the grounds of the so-called anti-accumulation clause of Article 415 § 1 of the Polish Code of Criminal Procedure, it is inadmissible to impose on a convicted member of the management board of a limited liability company an obligation to repair damage in favour of a wronged creditor of that company if the creditor has previously obtained an enforcement title against the company. In the author’s opinion, such an interpretation is not correct. The assumption that there is a subjective identity between a limited liability company and a member of its management board is, in the author’s opinion, contrary to the fundamental norms of civil law and commercial companies law. Contrary to the theses of the Polish Supreme Court outlined in the justification of the ruling, a creditor has no legal grounds to pursue, based on an enforceable title issued against the company, a claim against a member of the management board at the enforcement stage.