The Court of Appeal in Kraków dismissed the Defendant’s appeal against the judgement of the Regional Court in Kraków, favourable for the Firm’s client. Thereby the Court of Appeal upheld the ruling of the Court of I instance, on the basis of which the Firm’s client was awarded with the outstanding remuneration (both basic, and premium), and other outstanding benefits from the Defendant (one of the largest capital groups in Poland). The Court also awarded the compensation for five years of obeying the ban of competition that bound the Firm’s client as a late financial director and vice-president of the board of the mother-company.
Dismissing the appeal the Court of Appeal fully accepted the arguments raised by the Firm to legitimise the client’s claims and refute the arguments of the Defendant.
The Court of Appeal, analogously as the Regional Court, acknowledged the Firm’s statement that the cause indicated as the reason to revoke the Firm’s client from the function in the mother-company’s board was unfounded. Moreover – even if it was not – that would not justify the refusal of payment of the outstanding remuneration, or other due benefits. Contrary to the Defendant’s claims, the Courts of both instances did not find anything in the Firm’s client behaviour that could be considered negative, or wrongful. Both judicatories also confirmed that the past financial director of the capital group respected the prohibition for the entire time of non-competition.
The value of the awarded amounts and the interest reached over PLN 23.000.000 on the day of issuing the judgement of the Court of Appeal.
File number: I AGa 338/20
