Abstract

The gloss concerns the Supreme Court resolution as to liability of a member of the board under to the Art. 299 of the Polish Commercial Code who assumed that function in a situation when the company was insolvent - in case their petition for the declaration of bankruptcy of the company has been dismissed. The gloss is partly critical. The author points out that the interpretation of Art. 299 of Commercial Companies Code made by the Supreme Court is incorrect, in particular with respect to the conditions underlying liability under this provision. On the other hand, the Supreme Court was correct in its specification of the purposes of the petition in bankruptcy, thpugh other theses of the resolution unjustifiably infringe legitimate interests of board members who are liable under Art. 299 of the Commercial Companies Code.