Glosa do uchwały uchwały składu siedmiu Sędziów Sądu Najwyższego z dnia 28 stycznia 2010 roku (III CZP 91/09, OSNC 2010/6/85)

The commentary engages in a polemic with the Supreme Court resolution of28 January 2010 (III CZP 91/09), passed by the bench of seven judges. TherewithSupreme Court has expressed its belief, that article 299 of the Commercial CompaniesCode (CCC) applies to the liquidators of limited liability company. The said notion omitsthe legal character of the renvoy, provided for in article 280 CCC. The scope of thisrenvoy includes all provisions of the Commercial Companies Code, which refer to thelegal situation of the limited liability company management board members. However,it does not take an direct effect, but has an indirect character. The application of everyparticular provision is to be considered – especially in reference to the aim of liquidation.This aim, as well as the function of article 299 CCC, provoke a belief, that article 299CCC does not apply to limited liability company liquidators.