| In Principle

The controversial judgment of the Court of Justice of the European Union in TofuTown (C-422/16) triggered a long-delayed discussion on the proper labelling of vegetarian and vegan food. This issue, which for a long time has not been a priority for the European Commission, is just becoming one. Will the time of regulatory uncertainty, to the detriment of producers, consumers and regulators, come to an end?

When hackers exploited vulnerability due to software not being updated at a US credit agency, important data of millions of customers in the US, Canada, and the UK were leaked. The US federal authorities have launched an investigation that could lead to millions in fines. Bosses at the firm were questioned in a congressional hearing and the agency is facing the largest class action in US history. This sounds like the plot of a financial thriller, but the Equifax case did in fact happen and is a lesson for the future.

When the investor suffers damage, it is not necessary to find out who contributed to it and to what extent. The damage can be redressed by all entities responsible for its creation, even if they took part in the construction process in different roles and on a different basis.

On 12 September 2018 the European Parliament approved a proposal for a copyright directive. For the directive to become law another vote has to be held, and this will be in 2019.

There is a general principle that contracting authorities should request explanations when a proposed price, cost, or important components of price or cost seem grossly low and there are doubts about whether the contract can be performed. Art. 90(1) of the Public Procurement Act now no longer defines strict mathematical rules for examining a grossly low price. As a rule, whether explanations are requested from the contractor will depend on how the contracting authority assesses the contractor’s bid.

Both employers employing staff in Poland at Polish branches, representative offices or affiliated companies and employers employing staff in Poland without any legal presence here may become a party to employment-related litigation, namely a lawsuit brought by an employee or ex-employee before a Polish court.

The new Water Law entered into force on 1 January 2018. Since then, the law has been amended several times, and one such amendment has just come into force. Some provisions of the act concerning water permits have been changed as of 20 September 2018. The system of fees for water services has also been slightly modified. Moreover, several dozen changes have clarified these regulations.

A lot has been published on the harmful effects on the construction industry of the legal solutions proposed in the draft Act on Prevention of Abuses in Road Projects. A disadvantage of the concept of protection of local subcontractors presented by the Ministry of Justice may be to severely limit the General Directorate for National Roads and Motorways’ external financing of projects.

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.

The Supreme Court recently examined the question of courts being bound by final judgments issued in other cases. This issue relates to the binding nature of a judgment from a substantive point of view, i.e. that the same claim cannot be heard again once adjudicated upon. This is an issue of considerable practical relevance because it determines how the outcome of one case can affect how comparable cases are adjudicated. It also defines the boundaries with respect to a court’s freedom to ascertain facts and make legal evaluations by itself.

The European public procurement system is one of the foundations for the functioning of the common market. The principal task of laws in this area is to enable exercise of freedoms guaranteed in international agreements, being in this case unrestricted access to procurement procedures within the EU for contractors based in various member states. To achieve this, EU law not only requires adherence to the principles of a level playing field, fair competition and transparency; it also aims to remove market barriers, including those that are non-discriminatory, but are disproportionate. Regardless of this objective, interpretation and application of public procurement law leads to excessive formalism, rendering procurement procedures unintelligible, and distorting results around which public procurement law revolves.

The Litigation Academy is a series of workshops designed for students in their last years of legal education and recent graduates now training for the profession. During the workshops experienced litigators will share with participants knowledge and skills in working with the client, the court, and teams of specialists from various fields and jurisdictions.