Troublesome multiple royalties
The award of multiple hypothetical royalties provided for in Poland’s Copyright Act is the subject of numerous debates and various rulings by the Constitutional Tribunal and the Court of Justice of the European Union.
Bank enforcement titles are unconstitutional: What next?
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.
Converting perpetual usufruct into ownership: Unconstitutional giveaway from local governments to private businesses
Poland’s Constitutional Tribunal has held that regulations giving economic entities the right to demand conversion of perpetual usufruct of land into ownership violate constitutional principles of social justice and local government autonomy.
Tribunal strikes high fees for judicial review in public procurement cases
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.
High fees for review of National Appeal Chamber rulings are constitutional
In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.
An end to evidentiary privilege for funds in relations with consumers
Fund statements no longer have the status of an official document in the event of a dispute with a client.
Compensation for more nationalised real estate in Warsaw
The Polish Constitutional Tribunal has significantly expanded the set of former owners of properties in Warsaw who are entitled to compensation for seizure of their real estate by communist authorities following World War II.
Evidentiary privileges for banks?
On 1 March 2011 the Polish Constitutional Tribunal examined the constitutionality of Art. 95(1) of the Banking Law, which gives bank statements the evidentiary weight of official documents.
The future of corrections in the press
An important issue under the amended Press Law, which was not well-received in journalism circles, has come back to life.
Union officials protected under fixed-term contracts
A member of the management board of a workplace trade union or a union member appointed to represent workers in dealings with the employer may demand reinstatement if their employment under a contract for a definite period is terminated.
Better to file petition to enforce claim before the debtor is declared bankrupt
Sometimes creditors put off commencing an action to enforce a claim when it could worsen the debtor’s financial position. As a result, they must wait until the bankruptcy proceeding is over before filing suit.
Court may not decide on its own about impartiality of judges
Barring an interlocutory appeal from an order of an appellate court denying a motion to recuse a judge is unconstitutional.
