Commentary on the decision of the Supreme Administrative Court dated 11 May 2021, case no. III OSK 4494/21

Abstract

The decision of the Supreme Administrative Court dated 11 May 2021, case no. III OSK 4494/21 concerns the ability of a natural person, which according to Polish law lacks full legal capacity to represent a foreign legal person, and the possibility of applying the public policy clause in such circumstances. The aim of the commentary is to compare and contrast the position of the Court with the views expressed by legal scholars and in Polish case law, with emphasis on the objectives and conditions of the application of the public policy clause. The analysis conducted leads the author to conclude the aforementioned decision needs to be negatively evaluated, mainly due to oversimplification of the public policy clause and lack of proper consideration concerning the necessary conditions of application of said clause.