The GKW Law Firm has represented a former management board member of a construction company in a court dispute with the General Directorate for National Roads and Motorways (GDDKiA) for payment due to liability of members of the management board of a limited liability company for its obligations. Earlier, GDDKiA obtained a favorable court decision in relation to a construction company, and due to the ineffectiveness of the enforcement against it, it decided to sue members of the management board.
By a judgment of February 13, 2020, the Regional Court in Warsaw dismissed the claim of GDDKiA. He pointed out that the expectation that a member of the management board should file a bankruptcy petition within 14 days of ceasing to pay obligations does not take into account the economic realities in which enterprises operate. It is obvious that the members of the management board are fully responsible for the company’s obligations and its functioning, but the accounting services issue and accept accounting documents. The assumption that the members of the management board analyze and verify all documents on a daily basis would in practice paralyze economic activity, especially in relation to entities implementing large investments. In the opinion of the Court, the fault cannot be attributed to a member of the management board who, intending to end his term of office, did not file for bankruptcy of the company.
