Допустимо ли е изключен съдружник в ООД да не може да обжалва последващо решение за освобождаването му като управител
Is It Admissible That a Partner Dismissed from a Limited Liability Company May Not Appeal against a Subsequent Decision To Be Discharged from the position of Manager

Summary/Abstract: The article examines the second question posed in interpretative case 1/2020 of the General Meeting of Commercial Division (GMCD) of the Supreme Court of Cassation (SCC), namely whether, from a procedural point of view, it is admissible for a person combining the position of a partner with the functions of Manager of a commercial company to appeal against a General Assembly’s decision to be discharged from the position of Manager, provided that he/she was dismissed as a partner by virtue of a preceding decision. In the course of the legal analysis, attention is given to those opinions on the interpretative case which have been delivered by the Section of Civil Law Sciences of the Institute of the State and Law at the Bulgarian Academy of Sciences, the University of National and World Economy (UNWE), Plovdiv Appellate Court, Sofia Appellate Court, Veliko Tarnovo Appellate Court and the Supreme Bar Council. An analysis is made of the judicial practice of the Supreme Court of Cassation relating to Art. 290 of the Civil Procedure Code (CPC). A legal resolution to the question is proposed, this resolution complying both with the principle of ensuring that it should be possible for each substantive law right to be protected by way of lodging a claim, and with the principle of equality.

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