Abstract

The Supreme Court took into consideration the issue of temporal coincidence between refusing to grant a discharge and dismissal of a member of the Cooperative’s Board of Management (judgment of 25.09.2014, II CSK 704/13). The issue has not been so far resolved by the Supreme Court. The principle is that the governing body authorized to dismiss members of the Cooperative’s Board of Management is specified in the Statute. Art. 49 § 4 of the Cooperative Act is therefore lex specialis to Art. 49 § 2 of the Cooperative Act. Art. 49 § 4 refers only to the General Meeting which adopted a resolution on refusing to grant discharge to a member of the Management Board. The General Meeting may grant discharge to members of the Supervisory Board of a cooperative.