You must know where the defendant lives
Although Civil Procedure Code Art. 126 §2 does not clearly indicate that the term “address” means an individual defendant’s home address, and not some other address, the common practice of Polish courts has been to require that the home address be provided. If the plaintiff does not indicate the address where an individual defendant resides or the address of the registered office of a corporate defendant, the statement of claim will be rejected because it cannot be processed properly.
Specification of the subject of the company’s business in the register
Practical remarks based on the regulations on the National Court Register and the Polish Classification of Activity.
More flexibility for firms: January amendments to the Commercial Companies Code and other acts
Some of the provisions amending the Commercial Companies Code and other acts went into force on 15 January 2015, mainly concerning establishing and operation of a business in the form of a registered partnership, a limited partnership or a limited-liability company.
Using someone else’s database
What is the scope of legal protection of databases? Can lawful users make unlimited use of them? Can the creator of the database limit access to it? The courts had to address these issues in a dispute between an airline and an operator of an online search engine for discount air tickets.
Arabic for “Coke”? Master Cola isn’t it
When examining the similarity of trademarks, the typeface in which verbal elements of the marks are written must be considered, the EU’s General Court ruled in a recent judgment on reputed trademarks.
Planning and environmental damage
The act of planning and preparation for a venture cannot be regarded as an “activity” causing an imminent threat of environmental damage.
Changes in Poland’s competition law
An amendment to the Competition and Consumer Protection Act went into force on 18 January 2015. The changes are sweeping.
Amendments to Polish inheritance law—analysis and evaluation of proposed changes
Work is underway in the Parliament on a government bill to amend the Civil Code and the Civil Procedure Code in a way that would significantly modify the rules for heirs’ liability for debts inherited from the decedent. The first reading of the bill has already been held and it is expected to be approved by the Sejm soon.
New courts established
The Regulation of the Minister of Justice of 7 October 2014 on Establishment of Certain District Courts came into force on 1 January 2015.
Amendments to the Civil Procedure Code
Numerous minor changes in civil procedure enter into force in Poland in January 2015, concerning such matters as submission of disputed items to the court deposit, the rights of non-parties, and certain aspects of competition cases.
New draft of the Renewable Energy Sources Act
Current producers of electricity from renewable energy sources as well as producers from modernised RES installations are to be offered a choice between maintaining the current support rules (using certificates of origin) and a new auction-based support system. The auction system would be applied with respect to new installations put into operation on or after 1 January 2016. Another major element of the latest proposal for the RES Act is support for “prosumer” generation of electricity at micro RES installations.
Season’s Greetings!
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