Province Administrative Court | In Principle

Disputes over access to public information are increasingly finding their way onto the court docket in Poland. Higher public awareness and a desire for citizen oversight of issues of particular public interest may be the reason. But administrative authorities or other entities obliged to provide information, whose decisions are subject to further review, often refuse to provide the requested information. What is public information, how to obtain it, and what to do when access is denied?

Issuing a permit to demolish a building, then blocking the demolition and demanding payment of tax on the undemolished building, while ignoring a request for an individual interpretation on the matter, hardly fosters citizens’ trust in the public authorities. It is also unlawful.

As economic activity in the Baltic Sea increases, there will be more situations where multiple undertakings are planned in the same area. Deciding on these cases can be challenging for the authorities and the administrative courts.

According to the Conversion Act, existing perpetual usufructuaries acquire ownership of real property if conditions set forth in the act are met. What are these conditions, and is perpetual usufruct of land converted into ownership of the land if the building on the land is subsequently designated for residential purposes?

Under current Polish law, it is illegal to sell OTC drugs from a motor vehicle. This was acknowledged by the Chief Pharmaceutical Inspectorate and confirmed by the Province Administrative Court in Warsaw in its judgment of 23 March 2021 (case no. VI SA/Wa 2691/20).

In judgments dated 22 May 2019, the Province Administrative Court in Warsaw issued its first extensive ruling on the condition of possession under the Warsaw Decree. The court held that this condition applied only to the legal successors of the prior owner of the real estate and was a condition for effective filing of a decree application, not granting of the application. And after 1946, this condition became irrelevant.

To obtain protection for a trademark the owner must prove that a sign has a distinctive character, i.e. it is not merely descriptive. But it is often unclear whether this is the case.

Although in theory it is possible to register a trademark in the form of a single colour, in Polish practice such marks are vanishingly rare. Essentially, such protection is possible only if the applicant proves “secondary distinguishing power”—showing that the target customers for the goods clearly associate the colour with a specific company.

Imposing remedial measures requires a finding of environmental harm, including determination of a reference point for assessment of the damage. If an ecological NGO claims environmental harm, it must be properly documented.

In-kind contribution of a sole proprietorship to a partnership does not constitute the sale of the business, and thus the partner is not deemed to have income on the transaction.

In the case of “virtual” currency forward contracts income is deemed to arise upon receipt of payment.

A renowned trademark may be protected in Poland even if the mark is not used or registered here.