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Firm: Wardynski & Partners

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Challenges for Insurers from the COVID-19 Pandemic
Wardynski & Partners, June 2020

The unstable economic situation connected with the COVID-19 pandemic is also impacting the insurance industry. Dependent on global phenomena and trends, the insurance market will soon have to face anew economic reality, develop appropriate solutions for clients, and prepare to defend against claims...

Cross-Border Transactions in Times of Pestilence
Wardynski & Partners, June 2020

The difficulties in international transport caused by the pandemic may have a major impact on VAT settlements of Polish exporters. These complications may carry over to the possibility of applying the 0% VAT rate, thus affecting taxpayers’ cash flows. Restrictions caused by the state of epidemic may affect the possibility for businesses to apply the 0% VAT rate...

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...

PLN 100 Billion in BGK Guarantees to Support Loans
Wardynski & Partners, June 2020

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...

Tech Versus Virus: Remote Diagnostics
Wardynski & Partners, June 2020

This time we address solutions from the front lines: devices for remote diagnostics which can improve effective detection of the coronavirus and also unburden the health service in other areas. These solutions can also serve as aproving ground for the regulatory approach to oversight of algorithms. The immediate inspiration for writing this text was asolution from the company StethoMe presented at the DemoDay organised by the MIT Enterprise Forum CEE...

New "Fee" from Media Streaming Giants: Support for Polish Cinema or a Hidden Digital Tax?
Wardynski & Partners, May 2020

On 28 April 2020 a government bill including the proposed “Anti-Crisis Shield 3.0” was filed with the parliament. One of the proposals is to amend the Film Act to require providers of on-demand audiovisual media services to make quarterly payments to the Polish Film Institute equal to 1.5% of their revenue from fees for delivering content or for transmission of commercial messages, whichever figure is higher in agiven payment period...

Protection of Investments during the Pandemic
Wardynski & Partners, May 2020

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...

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...

Will the Right to Privacy be an Indirect Victim of COVID-19?
Wardynski & Partners, May 2020

The law is one of the main instruments of social impact, which is particularly evident in the midst of aglobal health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights...

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...

This Pandemic will not Reverse Globalisation, but it will Threaten the Transnational Rule of Law
Wardynski & Partners, May 2020

It is a common concern among commentators on international relations that the COVID-19 pandemic will lead to deglobalisation. Indeed, the havoc wrought by the pandemic in the global economy raises some unsettling questions about the fragility of global supply chains, especially in critical industries, and about the interdependency of national economies. It is nudging sentiment towards reshoring, promoting domestic production and protectionism...

Witness Testimony in Times of Pandemic
Wardynski & Partners, May 2020

In March, the European Commission recommended that member states introduce temporary restrictions on travel to the European Union (through 15 May 2020). The vast majority of European countries coordinate border control measures at the EU level. States are again fencing their territories, suspending the free movement of persons also between regions...

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...

Coronavirus and Business Crime
Wardynski & Partners, April 2020

Fraud is lurking underside of the pandemic, requiring vigilance and preventive measures. The coronavirus pandemic threatens businesses not only with loss of profit, but also with potential losses due to criminal activity...

COVID-19's Impact on Player Contracts and the Right to Just and Favourable Conditions of Work and to Peaceful Enjoyment of Possessions in Sport
Wardynski & Partners, April 2020

The COVID-19 pandemic has caused mayhem in the world of sport. An earthquake hit when top leagues suspended competitions or cut them short. Then the tensions only kept rising as one major tournament after another was cancelled. The climax was reached when the Tokyo Olympic Games had to be postponed. As aresult, the industry has incurred multi-billion-dollar losses. And it is uncertain when the situation can be expected to improve...

Public Contracts Connected with COVID-19 Not Subject to the Rigours of the Public Procurement Law
Wardynski & Partners, April 2020

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...

Modification of Contracts and Contractual Penalties in Public Contracts in the Face of the Pandemic
Wardynski & Partners, April 2020

As a result of the pandemic, many planned and existing contracts have been paralysed. The uncertain situation forces the parties to cease performing contracts or at least poses barriers to performance. In this situation, can they change the contract? Will they have to pay contractual penalties and damages? The Anti-Crisis Act comes to their aid...

Restrictions on Business Operations and Personal Freedoms Relevant for Business
Wardynski & Partners, April 2020

Restrictions on business operations and personal freedoms relevant for business In Principle .fancybox-ie6 #fancybox-close{background:transparent;filter:progid:DXImageTransform.Microsoft.AlphaImageLoader(src="http://www.codozasady.pl/wp-content/plugins/easy-fancybox/fancybox/fancy_close.png",sizingMethod="scale")}.fancybox-ie6 #fancybox-left-ico{background:transparent;filter:progid:DXImageTransform.Microsoft.AlphaImageLoader(src="http://www.codozasady...

Merger Control During the Epidemic
Wardynski & Partners, April 2020

In light of the difficulties associated with the coronavirus epidemic, and joining the global trend under the hashtag #flattenthecurve, competition authorities around the world, including Poland, are introducing, more or less officially, extraordinary operating procedures to avoid spreading the coronavirus. This can have amajor impact on proceedings before these authorities, including filing and consideration of applications seeking approval of concentrations...

Cooperation Between Competitors During the Crisis
Wardynski & Partners, April 2020

One method companies have of dealing with the crisis is to cooperate with their rivals. But before entering into such cooperation, it is worth examining whether it constitutes aconspiracy subject to sanctions from the national competition authority, the European Commission or other antitrust bodies...

President of UOKiK at War with Price-Gougers
Wardynski & Partners, April 2020

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)...

Anti-Crisis Shield and UOKiK Proposals for (Temporary) Tough Times
Wardynski & Partners, April 2020

The amendment to the Anti-Crisis Act includes proposals drafted by the Office of Competition and Consumer Protection (UOKiK), intended to increase the financial security of households, ensure access to vital goods and services, and combat price speculation and unjustified increases...

Performance of contracts in epidemic conditions
Wardynski & Partners, March 2020

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...

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...

 

 

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