Multinational companies can be liable for environmental harm caused by their subsidiaries
On 18 December 2015 the Dutch Court of Appeal at The Hague issued an interim judgment in a closely watched case concerning liability for environmental injury caused by an oil spill from Shell’s pipelines in Nigeria.
Damages for over-lengthy administrative proceedings
In a case handled by Wardyński & Partners, the firm has obtained a favourable ruling from the Warsaw Regional Court awarding damages for loss caused by inaction of the authorities and wrongful acts and omissions in administrative proceedings.
New regulations may slow the growth of wind farms in Poland
A proposed Act on Wind Power Plant Projects presented in February 2016 is intended to specify the rules for siting of wind farms. But the current version of the proposal generates a huge risk for further growth of the wind power sector and for wind farms already in operation and even for persons interested in building housing near existing wind projects.
A broken promise
Tenants who trusted lawmakers and the Agricultural Property Agency (ANR) and removed 30% of the farmland from their tenanted property in exchange for the right to acquire the remaining 70% of the farmland may find they are out of luck.
Supreme Court stands up for owners of apartment buildings and communal tenants
In a case led by Wardyński & Partners, the firm obtained a ruling from the Supreme Court favourable to owners of buildings as well as communal tenants, establishing the rule of the liability of the City of Warsaw for non-contractual use of the property.
New banking tax
On 1 February 2016, the Act on the Tax on Certain Financial Institutions came into force, introducing a “banking tax” and giving rise to multiple differences of opinion in the Polish banking and insurance sectors.
Proposed new restrictions on trading in agricultural property
New regulations governing trading in agricultural real estate proposed by the Ministry of Agriculture and Rural Development may have a huge impact not only on the possibility of selling property, but also on share transactions.
EU procedure for monitoring the rule of law
There has been a lot of talk recently about launching of the EU’s procedure for monitoring compliance with the rule of law in Poland, but not much about what exactly the procedure is.
Changes in maximum and statutory interest rates
New rules for determining maximum interest rates and statutory interest rates for both interest on capital and interest on delay entered into force on 1 January 2016.
A new approach to mediation and its impact on judicial proceedings
An amendment to the Civil Procedure Code entered into force on 1 January 2016, raising the importance of mediation and significantly changing Poland’s mediation regulations. This will also affect the course of judicial proceedings commenced from that date forward.
New system of penalties and administrative sanctions for violation of Public Offering Act now before the Parliament
The bill would significantly raise the sanctions for violation of reporting obligations—to PLN 40 million or 5% of annual turnover. The Polish Financial Supervision Authority could also publish the names of persons violating the act.
Energy efficiency audits still not mandatory
The obligation to conduct energy efficiency audits was supposed to be implemented into Polish law in 2015, but it hasn’t happened yet.
