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Prosecutor sue only a company

On 20th November 2015 the Supreme Court issued another ruling concerning challenging resolutions of capital companies. The Supreme Court in a panel of 3 judges had to decide when prosecutor, acting on the basis of art. 7 and 57 of Civil Procedure Code, brings an action for annulment of the resolution of a limited liability company, shall he sue only this company or in such cases there is the necessary participation of the company, its shareholders, board members and a third person whose rights as entrepreneurs apply to resolutions.

The Supreme Court ruled (Case number III CZP 78/15) that in case of bringing an action for annulment of resolutions of limited liability company, prosecutor acting on the basis of art. 7 and 57 of Civil Procedure Code shall sue only this company.

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