Double victory for RKKW’s client in a case concerning personnel changes in the management board of a limited liability company.

The RKKW team represented a partner and member of the management board of one of the leading companies operating in the logistics sector, who disclosed serious irregularities and long-standing activities of another member of the management board – who was also the company’s second partner – that were detrimental to the company. This behaviour had a negative impact on the employees and the functioning of the company, leading, among other things, to the departure of key personnel.

As it was not possible to resolve the situation by agreement, at the initiative of the Client, RKKW convened a shareholders’ meeting during which, in the absence of the other shareholder, despite his having been duly notified, a resolution was passed to dismiss him from the management board.

Despite this, the other shareholder filed a motion with the court for interim relief by suspending the effectiveness of the resolution. The Regional Court dismissed this motion. The Court of Appeal, hearing the other shareholder’s complaint, upheld the decision of the court of first instance.

Subsequently, another shareholders’ meeting was held, during which a resolution was passed to appoint the Client’s RKKW to the management board for a new term of office. Once again, despite having been duly notified, the other shareholder did not attend the meeting.

Despite this, the other partner again filed a motion for security. In this case, too, the courts of both instances – first the Regional Court and then the Court of Appeal – dismissed the motion and then the complaint of the other partner.

The decisions are final.

Legal services in this case were provided by:

Dariusz Kulgawczuk – Managing Partner, legal advisor

Maria Anna Czaińska – Counsel, legal advisor

Przemysław Gorgol – Junior Associate, trainee solicitor