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Sanctions for violating sanctions
Until now, the obligation to comply with the EU economic sanctions regime has arisen directly from the EU regulations, in particular Regulation 833/2014 and Regulation 765/2006 containing restrictive measures against Russian and Belarusian entities, but violation of bans has not been subject to fines. This situation should change, as a bill on special solutions to prevent the support of aggression against Ukraine and to protect national security is being taken up in the Polish parliament.
News from Poland—Business & Law, Episode 17: To pay or not to pay the ransom to the hacker?
In the newest episode of News from Poland—Business & Law Jakub Barański from Wardyński & Partners’ Litigation & Arbitration Practice, discusses the issue of ransomware attacks and in particular, dealing with ransom demands.
Hiring and working in Poland: Types of contracts
There is more than one way to hire a person in Poland, since Polish law offers a wide variety of types of contracts. There are significant differences between them, and the choice is not always risk-free.
Obtaining Polish citizenship
Due to the pandemic-related travel restrictions moving around Europe has become difficult in recent times, especially for individuals without European union passports. This is an important, but not the only factor driving the growth of interest in obtaining citizenship of an EU country, including Poland. At the same time, requirements for obtaining polish citizenship do not seem too strict compared to other EU countries.
The public procurement market doesn’t need a special act for Covid or the Ukraine crisis
Special acts introduced in isolation from existing solutions distort good law. This can be seen in how the public procurement market in Poland has been affected by successive amendments to the Covid Special Act. Today a special act is unnecessary, and force majeure provisions will suffice. Instead, it would be useful to amend the provision governing claims for a change in the amount or method of payment for public contracts.
How can Russia combat sanctions?
The Russian Federation has not remained passive in the face of sanctions imposed on it for its invasion of Ukraine. In retaliation, Russia has imposed its own sanctions on Western countries and has announced the nationalisation of property of companies ceasing or suspending their activities in Russia. However, this has not exhausted its arsenal yet, and it may not be long before there are further actions by the Russian Federation in the international arena challenging the legality of the measures hitting the Russian economy.
Pursuing claims for the tort of selective payment of creditors as an alternative method of securing the interests of creditors overlooked by the debtor
In its judgment of 10 February 2021 (case no. I CSKP 33/21), the Supreme Court of Poland considered a cassation appeal by a claimant seeking to prove that it was wronged as a creditor in a fraudulent transfer claim against a third party (governed by Art. 527 and following of the Civil Code). The Supreme Court raised important issues in this debatable decision from the point of view of the safety of participants in commerce, including creditors. Among other things, the court pointed out that the assessment of whether a creditor was harmed within the meaning of Art. 527 §2 is affected by whether the consideration obtained by the debtor was used to satisfy other creditors.
News from Poland—Business & Law, Episode 16: War as force majeure
This time Mirella Lechna-Marchewka heading the firm’s Infrastructure and Public Procurement practices, discusses war as force majeure in the context of Russian aggression on Ukraine.
Entry, stay and work in Poland – citizens of Ukraine and other countries
The special Act on Aid to Ukrainian citizens has just entered into force. We have prepared a guide explaining comprehensively the most up-to-date rules of entry, stay and work in Poland for citizens of Ukraine and other countries. Available in Polish, Ukrainian and English.
The impact of EU economic sanctions on business contracts
24 February 2022, the day when Russian troops unlawfully invaded the territory of Ukraine, proved to be the beginning of a test of European solidarity, and of the resilience of the European economy. On a macro level, a huge question has arisen: Can the European economy function without eastern markets? At the micro level, businesses are faced with dilemmas of how to deal with counterparties from that region, particularly in the context of existing long-term contracts at an advanced stage of completion.
