On December 1, 2017. The Supreme Court, composed of three judges, adopted a resolution (ref. III CZP 65/17), according to which a member of the board of directors of a limited liability company who assumed this function while the company was insolvent is liable under Article 299 of the Commercial Companies Code for its debts arising after he or she took office, even if the company’s bankruptcy petition filed by him/her would have been dismissed on the grounds that the company’s assets would not have been sufficient to satisfy the costs of the bankruptcy proceedings or would have been sufficient only to satisfy those costs.
In light of the above position of the Supreme Court at the present time, it will be more difficult for members of the management board to avoid joint and several liability as provided for in Article 299 of the Commercial Companies Code, in turn, it will be easier for creditors to claim outstanding debts from them.