Monitor Prawa Handlowego

no. 4/2013

Bankruptcy of a municipal legal entity (transport company)

Stanisław Gurgul
Autor jest sędzią Sądu Apelacyjnego w Poznaniu w stanie spoczynku.
Abstract

Th e implementation of own tasks by municipalities with respect to “local public transport” is prescribed by statute, and therefore may not be dependent on an administrative decision to award, refuse to award, change or withdrawal of a licence to perform road transport services. No licence is required also when the task is implemented by a municipal budgetary unit or a single shareholder municipal company by the will and on the account of the municipality. Licence is obligatory for entrepreneurs involved in commercial activities. Th e recognition that a single shareholder municipal company established in order to implement a task of a public nature does not have the status of entrepreneur within the meaning indicated above is no obstacle to declare it bankrupt.