Glosa do wyroku Trybunału Konstytucyjnego z 11 grudnia 2019 r., sygn. akt P 13/18

The commented judgment concerns the assessment of the compliance with the Polish Constitution of the provisions regulating the effects of removal of the entities entered in the former commercial registers which have not been entered to the new National Court Register. The property of these entities was taken over for the benefit of the State Treasury, and the rights of partners, cooperative members and other persons to a share in the liquidation of assets expired upon the removal of the entity from the register. The Tribunal did not question the mechanism of the arrangement of the ownership relations of the entities removed from the register. Nevertheless, the Tribunal considered that the legislator’s solution to this problem was not entirely correct, as it did not pass the proportionality test in respect of claims against this property of former company partners or cooperative members. The author agrees in principle with the Tribunal’s position, but in his commentary he raises polemical remarks about certain arguments cited in the justification of the judgment. In addition, the author points out that it is worth supplementing the Tribunal’s argumentation with certain threads that were omitted by the Tribunal for formal and legal reasons.