Supreme Court dismissed cassation, holding that missing employment certificate did not forfeit share acquisition rights under privatization law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling awarding compensation to an employee for the loss of privatization shares. The employee had submitted his intent to acquire shares but omitted the required employment certificate, which the opposing party argued caused a loss of rights. The court determined that the omission violated only a procedural duty and did not extinguish the substantive right, especially given the employee's age, health, and long service history. Consequently, the company was found liable for breach of contract rather than tort, and the cassation was rejected.
Legislator headnote
AI generatedArt. 38 ust. 1 ustawy o komercjalizacji i prywatyzacji; Art. 354 § 1 k.c.: The obligation to submit a written declaration of intent to acquire shares applies only to the declaration itself; failure to attach an employment certificate constitutes a mere procedural breach that does not deprive the entitled person of the right to acquire shares.