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Firm: Wardynski & Partners

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Decisions Taken Remotely by Company Bodies
Wardynski & Partners, March 2020

Among many problems facing businesses now is efficient management and decision-making when members of the company’s governing bodies cannot appear in person at headquarters for various reasons. Technology ensures efficient communications, but the possibility for corporate bodies to take resolutions remotely has been debatable in some situations...

Despite the Pandemic, the National Appeal Chamber Can (and Must) Function
Wardynski & Partners, March 2020

In Poland, the National Appeal Chamber upholds the effectiveness of the rules guaranteeing transparent and non-discriminatory access to public procurement contracts within the EU. Member states are required to ensure contractors the consideration of review procedures concerning the award of public contracts, as is clear from the Remedies Directive. The task of the National Appeal Chamber (KIO) is to effectively and quickly eliminate infringements in public procurement cases...

Digitalisation Against the Crisis
Wardynski & Partners, March 2020

Public procurement is one of the biggest driving forces of the economy. Contract performance during the epidemic may be impeded, but ongoing public procurement proceedings should not be stopped just because people are currently working mainly at home...

Digitisation of Polish money
Wardynski & Partners, September 2015

Poland’s first clearinghouse for cash-free payments was established in 1990. In 1991 the first payment cards for individual clients were issued in Poland. The history of cash-free trade in this country now goes back over a quarter-century. But one of the key Polish regulations governing money—the Foreign Exchange Law—has not kept pace with the evolution of the forms in which money is used, but remains fixed in times when the dominant form of money was cash...

Discontinuation of Projects due to the COVID-19 Pandemic: Tax Implications
Wardynski & Partners, June 2020

One of the consequences of the pandemic and the resulting economic crisis may be the need for some taxpayers to discontinue projects...

Do Windmills and Power Lines Spoil the Landscape?
Wardynski & Partners, August 2014

The Polish Parliament is working on a bill known as the “Landscape Act,” which is intended to introduce effective mechanisms for protecting the landscape. But an unintended consequence could be to block the construction of aerial masts, power lines and wind turbines, rather than merely regulate their location. The Sejm is currently working on a bill proposed by the President of Poland entitled the Act Amending Certain Acts to Strengthen Tools for Protection of the Landscape...

Drug Exports in a Time of Pandemic
Wardynski & Partners, March 2020

The Minister of Health is issuing successive anti-export lists covering an increasingly wide catalogue of products at risk of shortages. This is to ensure access to drugs and medical devices for patients in Poland, especially during the difficult time of the COVID-19 pandemic...

Effective in 2017, Panama Takes a Shot at Insolvency Reorganization Processes
Wardynski & Partners, January 2012

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Effective in 2017, Panama Takes a Shot at Insolvency Reorganization Processes
Wardynski & Partners, January 2012

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End of the Safe Harbour programme: What next?
Wardynski & Partners, November 2015

The Court of Justice has issued a judgment invalidating the European Commission’s Safe Harbour decision. This means that participation in the Safe Harbour programme by US entities is no longer grounds for European companies to transfer personal data of EEA citizens to the United States. On 6 October 2015, the Court of Justice of the European Union held that the European Commission’s decision approving the Safe Harbour programme is invalid (Schrems v Data Protection Commissioner, Case C-362/14)...

Energy Law Amendment
Wardynski & Partners, August 2016

The Act of 22 July 2016 Amending the Energy Law and Certain Other Acts was published on 2 August 2016. The act is intended to eliminate the black market in fuels, strengthen competition on the market, and improve Poland’s energy security. The amendments introduced by the act primarily concern the market for natural gas and liquid fuels...

Enforcement of Foreign Judgments in Poland is Not a Problem
Wardynski & Partners, November 2012

A Polish company enters into a contract with a German company. Which country’s law will govern the contract? Monika Hartung: To start with, under Art. 3 of the Rome I Regulation (Regulation 593/2008 of 17 June 2008 on the law applicable to contractual obligations), the parties themselves may select the law governing the contract. The previous version of Poland’s Private International Law required the existence of a link, e.g...

Epidemic Threat and Quarantine Obligation
Wardynski & Partners, March 2020

On 13 March 2020, an executive regulation of the Minister of Health on the declaration of an epidemiological threat in the Republic of Poland entered into force. It indicates that in the period from 14 March 2020 until further notice astate of an epidemiological threat is declared in the Republic of Poland due to infections from the SARS-CoV-2 virus. The result is, inter alia, suspension of international air and rail connections and aban on foreigners entering the Republic of Poland...

EU Constitutional Order Forged before our Very Eyes
Wardynski & Partners, May 2020

On 5 May 2020 the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) issued amuch-noted ruling in a case involving the Public Sector Asset Purchase Programme of the European Central Bank. The judgment has caused agreat stir, as the BVerfG expressly refused to comply with aruling by the Court of Justice of the European Union...

EU procedure for monitoring the rule of law
Wardynski & Partners, February 2016

There has been a lot of talk recently about launching of the EU’s procedure for monitoring compliance with the rule of law in Poland, but not much about what exactly the procedure is. Observing the rule of law is a condition for joining and being a member of the European Union. Democracy, human rights and the rule of law are also enshrined in the preamble to the European Convention on Human Rights. Because the rule of law is one of the fundamental values of the EU defined in Art...

Evidence Abroad - Export and Import of Rules of Evidence
Wardynski & Partners, November 2006

Within the European Union the issue of taking evidence in another member state has been regulated uniformly by the Council regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters. However some general rules relating to the procedure of taking evidence abroad were developed and established long before the adoption of the regulation...

Expiry of Mutual Obligations of Parties to Lease Agreements in Shopping Centres
Wardynski & Partners, April 2020

As aresult of the parliament’s intervention, mutual obligations of parties to lease agreements in shopping centres are deemed to have “expired.” Does that mean that the lease agreements have expired? The parliament has introduced into the Polish legal system aspecial regulation directly intervening in lease relationships in commercial facilities with asales area of over 2,000 m2. It is included in Art...

Extension of Deadlines to Perform Transfer Pricing Obligations
Wardynski & Partners, July 2020

“Shield 4.0” extends the deadlines for all obligated entities to file transfer pricing information (TPR), declarations on preparation of local transfer pricing documentation, and enclosures of group transfer pricing documentation. The earlier regulations extended the deadlines only for selected taxpayers...

Financial Sanctions Under Environmental Law
Wardynski & Partners, February 2014

Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions. Lawmakers in Poland more and more often provide for administrative financial sanctions for environmental violations because they are more convenient to enforce than criminal sanctions, which require proof of fault on the part of a specific perpetrator. Moreover, criminal liability may be imposed solely on individuals...

First Ruling on Legal Remedies by National Appeal Chamber Since Overhaul of Public Procurement Law
Wardynski & Partners, December 2016

Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds...

French reorganization proceedings recognized in Poland under the EU’s Insolvency Regulation
Wardynski & Partners, August 2012

The Supreme Court of Poland has held that recognition in Poland of French sauvegarde proceedings, which are covered by the EU’s Insolvency Regulation (1346/2000), is consistent with Polish public policy. The ruling was issued in cases involving a Polish company that sought protection against insolvency in France. The Supreme Court upheld the debtor’s argument that there was no basis for the lower courts in Poland to refuse torecognise the French proceedings...

Gas Law proposal
Wardynski & Partners, April 2012

In the last issue we discussed the proposed new Energy Law. Now it is time to turn to the second element in the package of energy legislation presented in December 2011 by the Polish Ministry of Economy. The proposed Gas Law would regulate activity involving transmission, distribution, sale, storage, precipitation and regasification of natural gas. The greatest strength of the bill is to separate and clarify the regulations governing the gas sector...

Getting Ready for Dawn Raids
Wardynski & Partners, May 2020

It is September 2020—hopefully a post-pandemic world. Your company has successfully weathered the storms of crisis, and social and economic life is slowly recovering its previous pace. Most people work at the office again, and you are on your way there. Before arriving at 9 am, you usually stop by the corner coffee place to have a morning espresso and browse the daily news. But at 8:15 am you get a call from the office...

In every transaction, thorough due diligence is fundamental
Wardynski & Partners, August 2012

How difficult is it to carry out a merger or acquisition under Polish law? It really all depends on the complexity of the business model of the undertaking, and not just the legal aspects. Polish practice, much like the practice in other countries within the Continental legal system - such as France and Germany - has adjusted to solutions from the Anglo-Saxon legal tradition, which plays a dominant role in corporate transactions...

Internal Investigations: An Alternative for Law Enforcement Authorities?
Wardynski & Partners, June 2015

Internal investigations conducted by enterprises in-house when irregularities are suspected offer many advantages to businesses compared to initiatives undertaken by public law enforcement authorities...

 

 

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