In a recent ruling, the Supreme Court (case no. 27 Cdo 3499/2023) decided that the delivery of a legal act by email to a statutory body of a company is effective from the moment the email reaches the recipient's inbox, even if the recipient has not opened the email or was on vacation at the time.
The case involved a former chairman of the board who sought higher compensation for the termination of his position. He argued that the notice of his non-reappointment for another term was not delivered properly and on time, as it was sent by email while he was on vacation, when he was not obligated to check his email.
However, the court ruled that if the contract does not specify a particular form of delivery, electronic delivery is fully acceptable. The key point was that the message was delivered, which neither party disputed, to an email inbox that the recipient regularly uses, thereby providing an objective opportunity to become familiar with its content. In this case, vacation did not constitute an objective obstacle to reading the email.
This decision highlights the importance of electronic communication in today's world and sets an important precedent for the delivery of legal acts to statutory bodies of companies. It also emphasises the need for regular monitoring of email, especially for individuals in key management positions.
By Lukas Tomanek, Junior Lawyer, JSK Law firm, PONTES
