A new item has been added to the extensive catalogue of the firm’s publications. In our Outlook on law and business in Poland we discuss trends in changes in the law, such as increased regulatory pressure and increased penalisation of commerce. These are illuminated by concrete examples from practice and conclusions concerning the consequences of these phenomena that can be expected to occur or are already happening ...
Parallel debt is a legal concept applied in international financing transactions that involve multiple lenders. In order to simplify the administration of security (for example, to avoid the need for retaking or reregistering security for a fluctuating group of lenders) and to reduce costs, the banks select a single entity from among them to administer the security ...
Even such unusual circumstances as apandemic donot overthrow the general principle that contracts should be performed (pacta sunt servanda). But this does not mean that the current situation has no impact on the substance or performance of contractual obligations. Two main situations should be considered here: As aresult of the circumstances, performance of acontractual obligation has become impossible ...
Businesses affected by COVID-19 are frantically seeking help. Direct forms of assistance, such as the financial shield and standstill pay, are extremely popular. Meanwhile, another instrument of the Anti-Crisis Shield has begun operating recently, i.e. loan repayment guarantees granted by Bank Gospodarstwa Krajowego to medium-sized and large enterprises from the Liquidity Guarantee Fund ...
Due to the COVID-19 pandemic, Poland adopted regulations temporarily restricting entry to Poland of non-Polish citizens ...
In the innovativeness of its economy, Poland ranks 4th from last in the European Union, but greater support is planned for highly innovative projects that show promise for implementation and commercialisation in Poland. At a session of the Polish Parliament’s Innovation and New Technology Committee on 19 June 2013, the Ministry of Regional Development presented the guidelines for operational programmes Smart Growth 2014–2020 and IT & Telecommunications 2014–2020 ...
The new Waste Act of 14 December 2012 went into force on 23 January 2013. It introduces major changes in the waste management system in Poland. The prior Waste Act of 27 April 2001 will continue to apply in certain areas, however. The new Waste Act was enacted primarily in order to implement the Waste Framework Directive (2008/98/EC) into Polish law. The deadline for transposing the directive was 12 December 2010 ...
A creditor affected by asset-stripping by a debtor doesn’t have to remain a passive victim of dishonesty. Creditors have probably had trouble since time immemorial with dishonest debtors—ones who deliberately and unlawfully attempt to escape from their obligations ...
An interview with Weronika Pelc, the partner in charge of the Energy Law Practice at Wardynski & Partners, and Michal Barlowski, the partner in charge of the Bankruptcy and Restructuring practices at Wardynski & Partners, about shale gas projects in Poland. You recently visited Houston at the invitation of the law firm of Haynes and Boone for a seminar on shale gas mining in Poland ...
A system for supporting taxpayers struggling with the consequences of the coronavirus pandemic is being developed at the government level and will probably soon take effect. But taxpayers in difficulty may already draw on existing support instruments. One of them is reduction of income tax advances ...
The Act on Posting of Employees for Performance of Services of 10 June 2016, implementing the Posting of Workers Directive (96/71/EC) and the Enforcement Directive (2014/67/EU), imposes anumber of obligations on foreign employers posting their employees to Poland which may prove difficult to implement in practice ...
Foreign managers appointed to serve on boards of Polish subsidiaries often donot know what they can doand what they must do. Consequently they are not aware of what liability goes with either of these. They should be.Before discussing the directors of aPolish limited-liability company (spółka zograniczoną odpowiedzialnością, the most commonly used corporate vehicle for running business in Poland), it is practical to make alittle disambiguation ...
An overview of mergers and acquisitions in Poland. The process, structure and parties to M&A deals, legal restrictions and tax aspects, discussed clearly and accessibly. What to bear in mind, and what details require special focus. The M&A practice at Wardynski & Partners has prepared a guide to mergers and acquisitions in Poland. In less than 60 pages, we highlight the issues vital to the success of the deal ...
The president of the Office of Competition and Consumer Protection (UOKiK) has declared war on sellers unfairly raising prices of products during the COVID-19 pandemic. One of the instruments proposed by the regulator in combating this pathology is establishment by the Ministry of Development of maximum prices and margins on products essential from the perspective of consumers’ interests (a change included in the recent amendment to the Anti-Crisis Act) ...
The proposed new Renewable Energy Sources Act would significantly change the system of support for electricity produced in Poland from renewable resources. If the bill is enacted, companies in the power industry in Poland will have to make major revisions to their business plans ...
At the end of 2011 the Polish utility sector received a present from the government in the form of a long-awaited package of proposed energy legislation. How could it change the rules of the market? February was the deadline for public comment on a legislative package including the proposed new Energy Law, Gas Law and Renewable Energy Sources Act ...
The COVID-19 pandemic is paralysing the global economy, but it is not the virus itself preventing businesses from operating. States seeking to protect their citizens against danger are introducing unprecedented limitations on civil rights and freedoms, rendering operations in some sectors of the economy impossible. In other sectors, business has become more burdensome, costly or risky ...
Persons using medical services in Poland are subject to special legal protection. Regardless of their nationality, all patients have the same rights. Our guide explains the key patient rights and legal solutions concerning citizens of Ukraine. A guide prepared by Małgorzata Sokołowska and Natalia Falęcka-Tyszka from the firm’s Healthcare practicehttps://wardynski.com.pl/upload/2022/04/realizacja-swiadczen-opieki-zdrowotnej_en ...
The pandemic requires immediate response and rapid launch of solutions for combating the coronavirus and its socio-economic impacts. Thus the Anti-Crisis Act includes provisions allowing contracts for fighting the pandemic to be awarded without following lengthy formal procedures. It usually takes along time from commencement of proceedings for award of apublic contract to conclusion of acontact with the selected contractor ...
Poland did not manage to implement the EU’s new procurement directives on schedule, but contracting authorities are required to conduct proceedings in full compliance with EU law. “In Principle”: The deadline for implementation of the new procurement directives into national law passed in April, but the old act is still in force in Poland ...
Tomasz Wardynski, Sabina Famirska and Antoni Bolecki of Wardynski & Partners co-authored the chapter on cartel regulation under the Polish law in this year’s report of Getting the Deal Through. The 2012 edition of Getting the Deal Through – Cartel Regulation provides information on application of competition regulation in 46 jurisdictions worldwide ...
The 2012 edition of Getting the Deal Through - Restructuring & Insolvency provides information on restructuring and insolvency law in 53 jurisdictions, including entities excluded from general bankruptcy proceedings, types of security on moveable and immoveable property, types of bankruptcy and insolvency proceedings, possibilities of doing business after declaring bankruptcy, bankruptcy estate liquidation rules, the effects of declaring bankruptcy, creditors’ r
The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO ...
It is still possible to regain property expropriated by the state after the Second World War, and in some cases compensation is awarded instead. Real estate in Poland was expropriated by the state on a massive scale. This was done by operation of law or through administrative orders, which in most cases were issued in violation of the law in force at that time ...
Our brief guide explains the possibilities for entry, legalisation of work and legalisation of stay of Ukrainian citizens in Poland. It also covers the rules for bringing their families to Poland. The guide has been prepared by Magdalena Switajska, partner in the firm’s Employment and Global Mobility practice. More information: https://wardynski.com ...
