Commentary on the Judgment of the Court of Appeal in Kraków of 27 March 2024 (I ACa 471/22) Concerning the Right of a Compulsory Administrator, Appointed Pursuant to Article 292a of the Criminal Procedure Code, to Exercise a Claim for Damages

Abstract

The commented judgment concerns the right of a compulsory administrator, appointed pursuant to Article 292a of the Criminal Procedure Code, to exercise a claim for damages. The Court of Appeal in Kraków referred the case to the District Court in Kielce for re-examination due to the existence of grounds for not examining the merits of the case. In its reasoning, the Court of Appeal presented an interesting thesis that a compulsory administrator has the right to independently exercise a claim for transfer of assets with respect to a component constituting part of the secured assets, regardless of whether the entrepreneur’s asset manager has such a right. The author shares the position of the Court of Appeal on granting the compulsory administrator both active and passive standing in proceedings concerning the secured enterprise. However, the ambiguous position of the Court of Appeal on leaving the possibility of management by the entrepreneur raises doubts.