Does the acquiring company have to apologise?

Aleksandra Kieliszek from the Romanowski i Wspólnicy law firm writes about non-pecuniary claims relating to personal rights pursued between capital companies and their succession.
In the case analysed, the courts unequivocally confirmed that non-pecuniary claims relating to personal rights – such as apologies or statements – are not subject to succession and are closely linked to the person who committed the infringement. As a result, after the defendant company was removed from the register, the proceedings had to be discontinued. It cannot be continued with its legal successor.

Key points:

• non-pecuniary claims relating to personal rights pursued between companies are not transferred to the legal successor,
• the loss of legal capacity by the defendant prevents a judgment from being issued,
• claims for personal rights cannot be ‘replaced’ with claims under the Unfair Competition Act in order to ‘save’ oneself from discontinuation of proceedings.

This analysis also highlights the importance of precise formulation of claims, especially in corporate disputes, where the right litigation strategy can determine the outcome of a case.

More in the article available HERE.