News

Right of the receiver to claim against removal of the company

Here is the result of the resolution of the Supreme Court of 11 September 2014., ref. act. III CZP 56/14.
The abovementioned ruling first confirmed that the receiver is a participant in the registration procedure for the removal of the bankrupt from the register, and its locus standi ends only with the final termination of the proceedings.

Consequently, the receiver is also entitled to challenge a court decision for the removal of the bankrupt from the register. Moreover, the Supreme Court admitted that the receiver may appeal against such a court’s decision, which is in conformity to his request. In support of this claim Supreme Court held that the grievance (Gravamen) is not a necessary condition of admissibility of an appeal, provided that the public interest requires recognition of the measure.

Consequently, receiver’s appeal to the decision of removal bankrupt from the register which is in accordance with his request will be acceptable if there is public interest in allowing such an appeal.

 Top of page