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Wardynski & Partners | March 2020

Justice systems around the world will soon be exposed to the same pressure as is currently crushing healthcare systems in the wake of the Covid-19 pandemic. What can judges and advocates doto “flatten the curve” and increase the resilience of the justice system as it awaits the post-pandemic wave of disputes? Healthcare systems around the globe are wobbling, and in some states collapsing under atsunami of Covid-19 cases ...

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 ...

Wardynski & Partners | March 2020

The main points of the “Economic and social anti-crisis shield to protect businesses and employees in connection with the SARS-Cov-2 pandemic” was presented by the President, the Prime Minister, agroup of other ministers, and the president of the National Bank of Poland at apress conference on 18 March 2020 ...

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 ...

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 ...

Wardynski & Partners | March 2020

On 16 March 2020 the Polish Bank Association (ZBP) published astatement on helpful actions to be undertaken by Polish banks in connection with the COVID-19 pandemic. The statement clearly shows that banks recognise the need to take urgent action in response to anticipated difficulties borrowers will have in performing their obligations ...

Wardynski & Partners | July 2022

  27.06.2022 In the newest episode of News from Poland—Business & Law, Jakub Barański from Wardyński & Partners’ Dispute Resolution & Arbitration practice discusses arbitration as a solution to the rising number of IT-related disputes. Konrad GrotowskiNote, the link will open in a new window, host of the programme, talks about the situation in Poland for retail, real estate development, and transit of goods from Ukraine ...

Wardynski & Partners | August 2012

Entertaining a trading partner may be marketing, but if the gesture conveys to the guest an expectation of favourable treatment in awarding a contract, it may be regarded as a form of economic corruption.The question posed in the title - on its surface unrelated to the law - has been raised with us on several occasions recently, by various clients and with respect to various situations ...

Wardynski & Partners | March 2020

Numerous sectors of the economy have been paralysed. The problem is not just closings or restricted access to arange of services, but also absence of staff due to illness, quarantine or childcare. Consequently, businesses cannot operate normally or perform their obligations on time. Alack of supplies by one company often carries over to an inability of its customers to fill their own orders. This bogs down the whole economy ...

Wardynski & Partners | March 2020

Since 15 March 2020, Poland has had aban on civil aircraft landing on international passenger flights. Since 16 March, domestic passenger flights have also been banned, except for flights in the public or state interest. Dopassengers whose flights have been cancelled as aresult of this ban have the right to compensation from the air carriers that were to operate those flights? Right to compensation for cancelled flights Under Art ...

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 ...

Wardynski & Partners | September 2012

Outsourcing has for years been gaining popularity. Together with an increase in the number of businesses, their branches, subsidiaries as well as capital groups, increasing attention is drawn to the costs of their operations. Such activities as personal, payroll, procurement, IT, or back office in the case of financial institutions are unnecessarily duplicated in the case of companies in a capital group or generate greater costs than if carried out by an external specialized firm ...

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 ...

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 | 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 ...

Wardynski & Partners | July 2020

On 19 June 2020, the Parliament adopted “Shield 4.0,” new law of great importance for M&A practice. Shield 4.0 amends the Act on Control of Certain Investments of 24 July 2015 and enters into force on 24 July 2020 ...

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 ...

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 ...

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 ...

Wardynski & Partners | March 2020

A range of legislative and legal initiatives have been taken in recent days to control the spread of the SARS-CoV-2 coronavirus epidemic. How will temporary closing of borders and mandatory hospitalisation impact carriers’ liability in international transport of goods by road? Legal solutions adopted Faced with the SARS-CoV-2 coronavirus epidemic, the Polish government has decided to take drastic legal measures ...

Wardynski & Partners | March 2020

The coronavirus pandemic is already affecting contractors carrying out public projects and other contracts under the public procurement regime. With the dynamic development of the situation, there is arisk that negative consequences will go even further. The current situation affects not only the performance of contracts but also ongoing and future public procurement procedures ...

Wardynski & Partners | March 2020

Faced by the spreading SARS-CoV-2 epidemic, the Polish Parliament and President rushed through aSpecial Coronavirus Act. The act is intended to clarify and supplement regulations on prevention of the spread of infectious diseases in Poland. But by giving total primacy to protection of the public interest, the act ignores the issue of the rights and freedoms of persons subjected to various forms of compulsory treatment (hospitalisation, quarantine, and epidemiological supervision) ...

Wardynski & Partners | March 2020

The Ministry of Development has announced that it will develop adraft special law to introduce comprehensive support for entrepreneurs whose activities will be affected by the spread of Covid‑19. At present, the specific form of these regulations is not known, but according to the announcement, the draft is to be submitted to parliament on 25 March and introduced on 1 April ...

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 ...

Wardynski & Partners | July 2022

With creditors in mind, we have launched anew special-interest service on our website,Creditor Protection, devoted entirely to what creditors can dowhen debtors unlawfully evade payment of their debts or performance of other obligations. The longer you keep someone else’s money, the more you consider it yours, the harder it is to part with it, and the more you hate the person you have to repay it to. Unfortunately, this aphorism perfectly reflects the situation in Poland ...

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