{"id":502,"date":"2022-06-09T08:22:41","date_gmt":"2022-06-09T06:22:41","guid":{"rendered":"https:\/\/ns-adwokaci.adheads.dev\/korzystny-wyrok-sadu-apelacyjnego\/"},"modified":"2026-05-24T14:07:02","modified_gmt":"2026-05-24T12:07:02","slug":"favourable-judgement-of-the-court-of-appeal","status":"publish","type":"post","link":"https:\/\/ns-adwokaci.pl\/en\/favourable-judgement-of-the-court-of-appeal\/","title":{"rendered":"Favourable judgement of the Court of Appeal"},"content":{"rendered":"<div id=\"modal-ready\" class=\"aktualnosci-pop-tresc\">\n<p>The Court of Appeal in Krak\u00f3w dismissed the appeal of the Plaintiff against the judgement of the Regional Court in Krak\u00f3w, favourable for the Firm\u2019s Client. Thereby the Court of Appeal upheld the ruling of the Court of the first instance, on the basis of which the claim against the Firm\u2019s Client had been dismissed. The Plaintiff \u2013 a company leading a large international capital group, in which the Firm\u2019s client was a member of the management board \u2013 demanded the amount of nearly PLN 3.000.000. That amount was indicated as the up-front payment of the annual bonus, allegedly unduly paid because (as stated by the Plaintiff) in the moment of confirmation of the annual financial report, that regulated the final amount of the annual bonus, the Firm\u2019s Client was no longer a member of the board.<\/p>\n<p>Dismissing the company\u2019s appeal, the Court of Appeal fully agreed with the arguments raised by the Firm. The Court found no undue payment (i.e. payment without the basis due to expiry of the management contract before the date of the confirmation of the annual financial report) in favour of the Firm\u2019s client. Analogously as the Regional Court, the Court of Appeal acknowledged the Firm\u2019s statement that the annual bonus (or bonuses \u2013 according to the Defendant the transferred amounts were paid to him as advances for the quarterly bonuses, with annual compensation) was an integral part of the remuneration and thereby \u2013 pursuant to the article 746 \u00a7 1 of the Civil Code \u2013 it was due as the part of remuneration for the activities performed hitherto.<\/p>\n<p>According to the Court of Appeal, there was no reasonable argument that would justify considering the benefits paid during the performance of the function as undue payments, especially since in another proceedings the Court of Appeal awarded the Firm\u2019s client with bonuses for further periods \u2013 proportionally, until the day of the management contract\u2019s expiry. The ruling of the Court in this matter is non-appealable.<\/p>\n<p>&nbsp;<\/p>\n<p>File number: I AGa 291\/20<\/p>\n<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Court of Appeal in Krak\u00f3w dismissed the appeal of the Plaintiff against the judgement of the Regional Court in Krak\u00f3w, favourable for the Firm\u2019s Client. Thereby the Court of Appeal upheld the ruling of the Court of the first instance, on the basis of which the claim against the Firm\u2019s Client had been dismissed. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-502","post","type-post","status-publish","format-standard","hentry","category-bez-kategorii"],"acf":[],"_links":{"self":[{"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/posts\/502","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/comments?post=502"}],"version-history":[{"count":1,"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/posts\/502\/revisions"}],"predecessor-version":[{"id":504,"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/posts\/502\/revisions\/504"}],"wp:attachment":[{"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/media?parent=502"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/categories?post=502"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ns-adwokaci.pl\/en\/wp-json\/wp\/v2\/tags?post=502"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}