On 7 December 2015 the Appellate Court in Kraków, citing Art. 390 par. 1 of the Civil Code, decided to petition the Supreme Court to resolve a legal issue associated with the respondent’s appeal, and to adjourn the case of CD PROJEKT vs. State Treasury for damages related to unlawful fiscal decisions in the so-called “Optimus Case” until such time as a resolution could be obtained.
The legal issue submitted by the Appellate Court to the Supreme Court for resolution relates to whether the State Treasury can be held accountable to CD PROJEKT when the decisions which affirmed the existence of tax arrears were not applicable to Optimus. i.e. the company formed via separation of business activities, but rather to the company which existed prior to separation of technical activities as Optimus Technologie.