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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 ...

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 ...

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 | 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 | 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 ...

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 ...

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 ...

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 ...

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

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) ...

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 ...

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 ...

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 ...

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 ...

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 | March 2020

M&A deals are one of the tools for pursuing business. For some they are amethod for expanding their scale of operations or generating synergies, and for others allow them to exit investments or raise capital. Thus the turbulence now felt by businesses is impacting their activity in the M&A market. While refraining from evaluating the economic impacts of the current situation, we focus on analysing selected legal aspects ...

Wardynski & Partners | March 2020

In the new economic reality, businesses that took out loans may be asking themselves many questions. Will existing loans still be paid out? Will an expiring credit line be extended? And will the state of epidemic justify not repaying debt already incurred? COVID-19 and the related restrictions introduced overnight by country after country have shifted businesses into anew reality. Among the challenges is ensuring the continuity of bank financing and the capacity to repay existing debt ...

Wardynski & Partners | March 2020

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 ...

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 | March 2020

In the tough times of battling the coronavirus, many tenants are seeking ways to reduce their rent, release themselves from the obligation to pay rent, or avoid other obligations under their existing leases ...

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 ...

Wardynski & Partners | March 2020

One of the more serious consequences of the pandemic will be awave of business litigation. However, strong arguments and credible evidence are not enough to win adispute. It also takes resources to pursue alawsuit, and soon that may be particularly difficult to come by. The whole economy under pressure is preparing for the consequences of the pandemic and drastic steps taken by states to combat it ...

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 ...

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

An issue concerning businesses at present is the problem of settlements between them resulting from non-culpable inability to perform contracts. This is an area that may require the Parliament’s intervention if current regulations prove insufficient. Due to the closure of anumber of facilities (restaurants, cinemas, some retail outlets), businesses are incurring huge losses ...

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