Kilka refleksji o wpływie unijnego prawa na polskie prawo spółek
The impact of EU law on Polish company law – reflections

Summary/Abstract: The article identifies a number effects from Poland’s accession to theEU in the area of company law. It explains the process of confirming a compa-ny’s legitimacy for cross-border transfer of its registered office within the EU(EEA) through treaties, the case law of the Court of Justice of the EuropeanUnion and, finally, the legislature. It demonstrates that currently the right ofa Polish company to transfer only its registered office (and not its managementboard or principal place of business) to another Member State without losingits legal personality under the Commercial Companies Code, transposingDirective 2019/2121, should not raise doubts. Furthermore, referring to thefuture directions of company law development, this study highlights the issueof gender balance among members of the governing bodies of listed companies,regulated in Directive 2022/2381. The compromissary nature of the individuallegal structures in this directive is demonstrated by the relevant internal legalregulations in force in some Member States.

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