The Ministry of Culture and National Heritage has announced that the District Court in Warsaw, XX Commercial Division, has dismissed the application of Michał Adamczyk (a journalist who was appointed President of the Management Board of Polish Television Joint Stock Company, hereinafter “TVP S.A.”, by the National Media Council) for an interim injunction to secure his claim challenging the resolutions of the General Meeting of Shareholders of TVP S.A. (now in liquidation) which dismissed the previous authorities and appointed new authorities of the Company by the Ministry of Culture and National Heritage.
As stated in the announcement of the Ministry of Culture and National Heritage’s: “This is a substantive decision of the District Court, which means that the court does not share Michał Adamczyk’s position on the defectiveness of the actions of the General Assembly of Shareholders of TVP S.A. in liquidation, at which the Minister of Culture and National Heritage represented the the State Treasury, i.e. owner of 100% of the shares”[1].
However, the above announcement is a mere manipulation and contains false information. The District Court dismissed the application for injunction regarding the first unlawful resolutions on the dismissal of previous TVP SA authorities and the appointment of the new ones. However, it did not concern the resolutions on the opening of liquidation and the appointment of liquidators. The application for injunction to secure the claims had become void because the Minister of Culture and National Heritage, Bartłomiej Sienkiewicz, had himself rendered the resolutions dismissing the company’s authorities ineffective, by establishing the new legal situation that had arisen with the appointment of the alleged liquidators.
It is therefore a manipulation to state that the court was considering the merits of the case for declaring invalid the resolutions of the General Meeting of Shareholders of TVP S.A.. That court only considered the application for the injunction to secure the claims, which was subsequently dismissed on the grounds of being without substance.
[1] Sąd oddalił wniosek Michała Adamczyka kwestionujący powołanie nowych władz TVP S.A., https://www.gov.pl/web/kultura/sad-oddalil-wniosek-michala-adamczyka-kwestionujacy-powolanie-nowych-wladz-tvp-sa, accessed: 07.02.2024.
