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The issue of Jewish heirless property demands extraordinary measures
The issue of Jewish heirless property is the most controversial aspect of the debate over finding a comprehensive regulatory solution for reprivatisation in Poland. The general legal principle calling for reversion of property to the state (escheat) if the owner dies without heirs is of little practical assistance in these matters.
Patents from Zduńska Wola in Hollywood?
The cosmetics industry remains one of those industries where the role of innovation cannot be overestimated. Patent law makes it possible to monopolize innovative solutions and ensure their unimpeded exploitation.
Transferring the registered office of a Polish company abroad does not require the company to be liquidated in Poland
The Court of Justice has ruled that under the EU principle of freedom of establishment, transfer of the registered office of a Polish company abroad within the European Economic Area cannot be conditioned on conducting liquidation of the company in Poland.
Technology and its discontents
Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected?
Are bilateral investment treaties between member states compatible with EU law?
CJEU Advocate General Melchior Wathelet issued his opinion in C-284/16 Achmea on 19 September 2017. He takes the view that the existence of bilateral investment treaties between member states is compatible with EU law.
New Water Law—a revolution in water management
One of the most anticipated acts in the environmental arena has now been adopted: the new Water Law. This statute with 570 articles enters into force on 1 January 2018 and will fundamentally change the rules for water management in Poland.
Supplementation of documents in procurement proceeding and retention of bid bond
There has been a great divergence in interpretation of the grounds for retention of bid bonds. A recent resolution by the Supreme Court should unify the practice of contracting authorities on this issue. But the justification for the resolution itself admits certain exceptions from the obligation to retain the bid bond, even when the documents submitted by the contractor fail to confirm fulfilment of the requirements of the tender.
Uber: transport services, not e-commerce?
According to the advocate general’s opinions in C-434/15 Elite Taxi and C-320/16 Uber France, Uber does not provide information society services, but local transport services which may be regulated by EU member states.
The practice of obtaining a predicate ruling requires reform
Pursuing compensation from the State Treasury for loss caused by issuance of an unlawful judgment is predicated on obtaining a finding in an earlier proceeding that the judgment was unlawful. But the regulations governing how to obtain such a predicate ruling generate serious doubts.
When the agent’s principal drives clients away
The Court of Justice of the European Union has ruled that a commercial agent may retain the right to a commission if the client intentionally refuses to perform the contract because the principal’s attitude has caused the client to lose confidence in the principal. The ruling also clarifies doubts surrounding the effect that partial non-performance of the contract has on the agent’s commission.