The Ministry of Culture and National Heritage has announced that the decision of the Warsaw Registry Court, which rejected an earlier application for changes to the governing board of Televzia Polski, which is currently in liquidation, is not final. According to Bartlomiej Sienkiewicz's ministry, “all activities of the new council are fully legal” and “the decision can be appealed.”
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On Tuesday (9/01), the Warsaw Registry Court rejected the application for changes in the authorities. TVP down National Court Registry. In the justification, it was mentioned that the resolution on the appointment of the members of the company's supervisory board by the general meeting of shareholders and the resolution of the supervisory board on the appointment of the company's management board were adopted by an unauthorized body. The document refers to the provisions of the Law on Broadcasting and the provisions of the TVP Charter, which correspond to the provisions of broadcasting itself. Code of commercial companies.
The Ministry of Culture responds to the court's decision
On Wednesday, the Ministry of Culture and National Heritage responded to the unfavorable change in the decision. According to the Ministry, the decision of the court “not valid”.
“The decision of January 9, 2024 of the Referendum Court of the District Court of the Capital of Warsaw in Warsaw to reject the application for making changes in the company within the framework of changing the composition of the Supervisory Board. TVP SA (currently in liquidation) is not final, the decision is subject to appeal,” the Ministry's statement reads.
He is a director Bartholomew Sienkiewicz The Ministry added that all activities The new governing board of TVP they are “Totally legal“.
“The resolution of the general meeting of shareholders, where 100% of the company's shares are represented by the State Treasury on behalf of the Minister of Culture and National Heritage, on the appointment of the Supervisory Board remains in force and all activities of the organization remain in force. The new board fully complies with the law”, – it was emphasized.
In addition, it was noted that the court's decision “does not concern the opening LiquidationHe became the liquidator of TVP SA Daniel Gorgos.
“The company TVP is in the process of liquidation and management activities are carried out by the liquidator of TVP SA in liquidation, which is registered in Warsaw, appointed by the general meeting of shareholders,” it was noted.
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What did Sienkiewicz want?
The head of the ministry requested that lawyers Piotr Zemla, Macie Taborowski and Anisa Gnatsikovska enter the National Court Register as members of the Supervisory Board. The court ruled that these people could not appoint Tomasz Sigut as the president of TVP.
In response to a request from the 13th Commercial Section of the National Court Registry in Warsaw, it stated that decisions in this regard were made Unauthorized authority. Although Sienkiewicz is of the opposite opinion, the problem is that it was created Legislative gap.
During the selection of new members of the public media, the head of the ministry noted: Code of commercial companies. in 2016 constitutional Court He considered the exclusion unconstitutional National Broadcasting Council (KRRiT) From the appointment and dismissal of members of public media management and supervisory boards. The verdict was not enforced and the PiS government passed the act National Media Council. As a result, a loophole was created in the law that, according to some lawyers, allowed Sienkiewicz to appoint the supervisory board.