Rozpoznanie skargi złożonej w trybie art. 227 Kodeksu postępowania administracyjnego na działalność organów spółki komunalnej
Examination of a complaint submitted under Art. 227 of the Code of Administrative Procedure on the activities of the bodies of a municipal company

Summary/Abstract: The subject of the article is the assessment of the admissibility of bringing an action within the meaning of Art. 227 of the Code of Administrative Procedure on the authorities of a municipal company. Despite the occurrence of such cases, it turns out to be a problem to determine the authority competent to handle complaints. In this article, the author analyzes the competence of bodies authorized to consider complaints against members of the management board, members of the supervisory board, or both. The author concludes that the relevant entities to consider these complaints are, respectively, the management board, the supervisory board and the supervisory board, the shareholders’ meeting (general meeting of shareholders). On the other hand, in the case of a complaint against the executive body, the competent body to consider it remains the decision-making body of the local government unit.

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