Abstract

The commented judgement refers to the issue of damages asserted by the receiver from a member of the management board of a limited liability company. The Supreme Court indicated that if action is brought in by the receiver a resolution of the shareholders is not required. Moreover, the commented judgement discusses the relationship between liability of a management board member for damages under Art. 293 § 1 of the Commercial Companies Code and Art. 415 of the Civil Code in conjunction with Art. 300 of the Commercial Companies Code.