Monitor Prawniczy

no. 23/2019

A candidate for the position of the President of the insurance company management board as a party to the administrative proceedings relating to the consent of the PFSA for his/her appointment

Michał Torończak
Autor jest adwokatem w Warszawie współpracującym z Kancelarią DWF Poland Jamka Sp. k.
Abstract

The Voivodship Administrative Court stated that a candidate for the position of the President of the insurance company management board should be treated as a party to the administrative proceedings before the Polish Financial Supervisory Authority relating to the consent of the PFSA for his/her appointment. The court substantiated its position by pointing out that such candidate has legal interest in the outcome of such proceedings. Although this view is generally correct, not all reasons presented by the Court should be supported. The commented judgement may have a significant impact on the shape of all "appointment" administrative proceedings before the PFSA since so far it has never treated candidates for positions in the management boards of financial institutions as parties to administrative proceedings.