Zaskarżanie uchwał zgromadzeń spółek kapitałowych przez podmioty spoza katalogu określonego w Kodeksie spółek handlowych
Appealing against resolutions adopted by meetings of shareholders of capital companies by entities outside the catalog specified in the Commercial Companies Code

Summary/Abstract: The Commercial Companies Code provides for closed catalog of entities authorized to appeal against resolutions of meetings of shareholders of capital companies. The legislator grants this right to the companies officers and the shareholders. At the same time, he indicates that it is forbidden to demand that the court establish the existence or non-existence of a legal relationship or law (i.e. Art.189 of the Code of Civil Procedure, from which anyone who has a legal interest can make this request). The purpose of this article is to determine whether, in fact, the only entities entitled to appeal against resolutions remain directly listed in Art. 250 and Art. 422 § 2 of the CCC? The right to challenge resolutions of shareholders may also result from specific provisions, and may not necessarily be explicit. The Supreme Court has granted this right also to entities in whose interest it is to preserve the value of share rights.

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