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Wardynski & Partners

 

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Changes to Trademark Law from 16 March 2019
Wardynski & Partners, April 2019

An amendment to the Industrial Property Law took effect on 16 March 2019, transposing into Polish law the Trademark Directive (2015/2436). The amendment is not revolutionary but will certainly have huge practical implications. The changes have been made primarily to better align the EU and national trademark systems...

Strict Time Limits in Construction Work Contracts
Wardynski & Partners, February 2019

For a long time in Polish business practice it has been unclear whether clauses in construction work contracts that require one party to notify the other of circumstances being grounds for seeking additional remuneration are effective. Clauses of this kind can be found in contracts concluded according to FIDIC standard forms of contracts produced by the Fédération Internationale des Ingénieurs-Conseils...

Powers, Duties and Liability of Directors of a Polish LLC
Wardynski & Partners, January 2019

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 (spólka zograniczona odpowiedzialnoscia, the most commonly used corporate vehicle for running business in Poland), it is practical to make alittle disambiguation...

Posting Workers to Poland? Learn About Your Duties Before the Polish Authorities
Wardynski & Partners, January 2019

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...

Louboutin Wins Case to Defend Red-Soled Shoes as a Trademark
Wardynski & Partners, August 2018

The European Court of Justice (CJEU) has ruled that Christian Louboutin’s famous red sole does not consist solely of ashape that significantly increases the value of aproduct, and therefore can be registered as atrademark. This is an important victory for the fashion designer in the long-running battle concerning red-soled shoes...

Catch for Newly Appointed Management Board Members?
Wardynski & Partners, August 2018

A gap in legal provisions might mean criminal liability for management board members for not filing financial statements on time. Amendments enacted earlier this year to the National Court Register Act have already caused some confusion and alot of trouble for companies whose management boards solely comprise foreigners...

Outlook on Law and Business in Poland
Wardynski & Partners, October 2017

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...

Technology and Its Discontents
Wardynski & Partners, September 2017

Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected? A new economic reality functioning in cyberspace has arisen before our very eyes. Human activity, both positive and negative, is moving to the virtual arena that functions above and beyond state borders...

Uber: Transport Services, Not e-Commerce?
Wardynski & Partners, August 2017

According to the advocate general’s opinions in C-434/15 Elite Taxi and C-320/16 Uber France, Uber does not provide information society services, but local transport services which may be regulated by EU member states. It has been more than ayear since we signalled that the Court of Justice of the European Union would need to resolve the legal classification of the services provided by Uber...

Practical M&A Guide
Wardynski & Partners, May 2017

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 Permissibility of Asking Witnesses Leading Questions in Polish Judicial and Arbitration Practice
Wardynski & Partners, April 2017

Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions. Polish litigators generally share the belief that a witness should never be asked a leading question—that is, a question that suggests to the witness what the “right” answer should be...

Will There Be Lots Of Whistleblowers? A New Antitrust Tool For The European Commission
Wardynski & Partners, March 2017

  The Idea of Using Whistleblowers to Uncover and Combat Anticompetitive Arrangements is Spreading Ever Wider. Recently the European Commission Announced Introduction of Such a Tool. In a press release issued on 16 March 2017, the European Commission announced that it has launched a new tool of antitrust policy. It is an anonymous channel through which individuals can notify the Commission of cartels and other anticompetitive practices...

Tax Sanctions Imposed on Cash Transactions Over PLN 15,000 From 1 January 2017
Wardynski & Partners, January 2017

Under the wording of Art. 22 of the Business Freedom Act of 2 July 2004 in force until the end of 2016, in Poland a business making or accepting a payment worth in each instance over EUR 15,000 is required to route the payment through a bank account. The law imposes certain consequences for failure to comply with this requirement, primarily under the Foreign Exchange Law of 27 July 2002 and the Act on Combating Money Laundering and Financing of Terrorism of 16 November 2000...

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...

New Report: Blockchain, Smart Contracts and DAO
Wardynski & Partners, December 2016

Blockchain technology holds vast potential that can only be unleashed with regulatory backing. The potential, initially perceived only by a small circle of cryptography enthusiasts, is now recognised by central banks, governments, and major financial institutions.Smart contracts and decentralised autonomous organisations can change the legal system as we know it while generating new models for the economy...

Is Polish Law Ready for FinTech?
Wardynski & Partners, September 2016

Financial technologies need specific legal solutions and an open approach to the law. There are lots of indications that financial technology, or FinTech, is one of the next chapters in the digital revolution unrolling before our eyes. The role of finance in the economic life of the society was laid bare by the last financial crisis. The tragic consequences of errors committed on Wall Street, i.e...

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...

New Regulations For Small Businesses
Wardynski & Partners, June 2016

The Act Amending the Business Freedom Act and Certain Other Acts enteredinto force on 19 May 2016. The changes mainly affect Poland's small businessregister - the Central Register and Information on Economic Activity (CEIDG).   The amended Business Freedom Act clarifies certain terminology used in the regulations but also introduces entirely new solutions governing small businesses...

Public procurement in Poland: An incomplete revolution
Wardynski & Partners, May 2016

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...

Radical changes in trademark law
Wardynski & Partners, April 2016

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...

New regulations may slow the growth of wind farms in Poland
Wardynski & Partners, March 2016

A proposed Act on Wind Power Plant Projects presented in February 2016 is intended to specify the rules for siting of wind farms. But the current version of the proposal generates a huge risk for further growth of the wind power sector and for wind farms already in operation and even for persons interested in building housing near existing wind projects. The issue of siting of wind farms near other construction has created a lot of confusion...

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...

Restructuring Law and amended Bankruptcy Law: Scope and essence of changes
Wardynski & Partners, January 2016

The main provisions of the Restructuring Law of 15 May 2015 enter into force on 1 January 2016. It will serve one of the foundations of commercial law in Poland, enabling effective restructuring of insolvent enterprises. The Restructuring Law sets forth the rules for the Polish courts to conduct four separate types of restructuring procedures. It also introduces a range of major changes to the Bankruptcy & Recovery Law of 2003, which from 1 January 2016 is renamed the Bankruptcy Law...

Shareholder loans under the amended Bankruptcy Law
Wardynski & Partners, November 2015

Systemic amendments to Poland’s Bankruptcy & Recovery Law enter into force on 1 January 2016. The main goal of the amendment is to create separate restructuring proceedings governed by the new Restructuring Law. Restructuring proceedings are to replace the former bankruptcy proceedings involving conclusion of an arrangement, as well as recovery proceedings, currently conducted under the Bankruptcy & Recovery Law...

TTIP: Opportunities and threats for Europe’s power sector and energy-intensive industries
Wardynski & Partners, November 2015

Signing the transatlantic free-trade agreement could increase Europe’s energy security. The trick is how to compete with American companies that are already using cheaper energy and don’t have to comply with the same restrictions on CO2 emissions. The 10th round of negotiations of the Transatlantic Trade and Investment Partnership agreement, or TTIP as it is known, was held in Brussels in July 2015...

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)...

Decarbonisation of EU economies: How does it work?
Wardynski & Partners, October 2015

The issue of decarbonisation of the economies of EU member states, and in particular Poland, generates a lot of heat. Decarbonising the economy was named as one of the EU’s five energy priorities in the Commission communication entitled “A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy.” In European Union documents, decarbonisation means elimination of CO2 emissions because of their harmfulness to the environment...

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...

Waste Act Amendment Causes Problems with EU Funding for Construction of Incinerators
Wardynski & Partners, August 2015

This year’s amendment of the Waste Act is forcing changes in the scheduling of incinerator projects. Target load start-up tests must be postponed until after the integrated permit is issued. This may give rise to claims by contractors for prolonging the project completion period because of a change in the law. In Poland there are currently six communal waste incineration plants under construction with EU funding...

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...

Bank Enforcement Titles are Unconstitutional: What Next?
Wardynski & Partners, May 2015

Poland’s Constitutional Tribunal has held that bank enforcement titles are contrary to the Polish Constitution because they violate the constitutional principle of equality. Pursuant to this judgment, the relevant provisions of the Banking Law—Art. 96(1) and Art. 97(1)—will cease to be in force on 1 August 2016. The ruling is fundamentally important for the entire banking sector and for bank customers...

Controlled foreign companies: New Polish tax rules from January 2015
Wardynski & Partners, March 2015

Amendments toPoland’s Corporate Income Tax (CIT) Act and Personal Income Tax (PIT) Act wentinto force at the beginning of 2015. One of the key changes is taxation ofincome earned by controlled foreign companies (CFC, in Polish: zagranicznespółki kontrolowane).With the entryinto force of the amendments to the CIT Act and the PIT Act, there is a 19% taxon CFC’s income that goes to a Polish tax resident...

Changes in Poland’s competition law
Wardynski & Partners, February 2015

An amendment to the Competition and Consumer Protection Act went into force on 18 January 2015. The changes are sweeping.The Act of 10 June 2014 Amending the Competition and Consumer Protection Act and the Civil Procedure Code was published on 17 July 2014 and went into force six months later, on 18 January 2015.Below we review some of the key changes introduced by the amending act, which we also reported on several times during the course of the legislative process...

Wardynski & Partners Publishes Crowdfunding Report
Wardynski & Partners, November 2014

Crowdfunding has many faces. Charitable organisations have received support through this route, as have travelers, athletes, scientists and inventors, and the creators of such humble concepts as making potato salad—a project to which the public contributed over USD 55,000. But often crowdfunding is the main source of financing for innovative ideas which in the long run can drive economic development and positive social changes...

Subparticipation in Poland: Legal and tax aspects
Wardynski & Partners, October 2014

Amendments to the Corporate Income Tax Act which went into effect on 1 January 2014 provide an opportunity to revive the practice of subparticipation in lending in Poland. Regulations governing subparticipation have been in force since 2004. For tax reasons, however, subparticipation has remained much less popular in Poland than assignment of receivables, despite certain other advantages, particularly the greater ease of selling participation in loans backed by mortgages...

Uncertain Future of Support for Industrial Electricity Customers
Wardynski & Partners, September 2014

The Energy Law is to permit industrial users to obtain certificates of origin and present them for redemption for only a portion of the electricity they purchase. But the future of this support mechanism has been called into question. The rule introduced by the 26 July 2013 act amending Poland’s Energy Law limits the obligation imposed on industrial users to support the generation of electricity from renewable energy sources (RES) and high-efficiency cogeneration (CHP)...

New Guidelines from the European Commission on De Minimis Agreements
Wardynski & Partners, September 2014

On 25 June 2014 the European Commission announced adoption of the Commission Communication “Notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) of the Treaty on the Functioning of the European Union (De Minimis Notice).” The De Minimis Notice was published in the Official Journal on 30 August 2014 (OJ C 291/1). The De Minimis Notice follows the existing practice of the Commission and the case law of the European Court of Justice...

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...

Wardynski & Partners Publishes Virtual Currency Report
Wardynski & Partners, August 2014

The recent dynamic growth of virtual currencies presents the increasingly realistic chance of creation of an entirely new model of money and payment. Innovations allowing payments to be made at lightning speed, across state borders and outside of official payment systems, are appearing before our very eyes. Such payments are made without the involvement of banks or intermediaries, and often anonymously. This is a revolution not only for traditional payment systems, but also for the law...

Myths and Facts About Innovations in the Foods Sector
Wardynski & Partners, July 2014

New technology is most often associated with telecommunications, IT or robotics. Food is seen as a group of products in which innovation is little important, because it is believed that consumers are mostly concerned with prices and quality, but not innovations. However, the dynamic growth in market share of functional foods calls for a critical review of myths that have arisen around R&D projects in the food sector...

Tribunal Strikes High Fees for Judicial Review in Public Procurement Cases
Wardynski & Partners, May 2014

For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases. The maximum fee of PLN 5 million was held to be disproportionately high. Earlier this year, in Case No. SK 25/11 (14 January 2014), Poland’s Constitutional Tribunal upheld the constitutionality of one aspect of Art...

Validity of Current Shareholder’s Title to Shares
Wardynski & Partners, March 2014

Comments on the consequences of failure to observe the required form when selling shares in a limited-liability company and the possibility of correcting this defect. The current Commercial Companies Code went into effect in Poland in 2001, stiffening the requirements with respect to the form for transfer of title to shares in a limited-liability company (sp. z o.o...

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...

Is the Alternative Investment Fund Managers Directive Already in Force in Poland?
Wardynski & Partners, December 2013

Poland has yet to adopt regulations implementing AIFMD, but that does not mean that nothing will change on the Polish market for private equity and closed investment funds in the next few months, before the new regulations are enacted here...

Poland: More Money on the Way for Innovation
Wardynski & Partners, October 2013

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...

Poland: Protecting the Interests of Creditors Against Dishonest Actions by Debtors
Wardynski & Partners, August 2013

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...

A Revolution Ahead in Polish Bankruptcy Law
Wardynski & Partners, June 2013

An interview with Michał Barłowski, the partner in charge of the Bankruptcy and Restructuring practices at Wardyński & Partners, about planned amendments to Poland’s Bankruptcy & Rehabilitation Law.  Restructuring is an alternative to bankruptcy. So why do we hear so little about effective restructuring and so much about liquidating bankruptcies? Michał Barłowski: The reasons are many and have various sources...

Poland: Reasonable Regulations on Shale Gas Benefit not Just Investors
Wardynski & Partners, March 2013

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...

Reprivatisation of Real Estate in Poland
Wardynski & Partners, February 2013

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...

Poland: New Waste Act
Wardynski & Partners, February 2013

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...

 

 

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