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As economic activity in the Baltic Sea increases, there will be more situations where multiple undertakings are planned in the same area. Deciding on these cases can be challenging for the authorities and the administrative courts.

As of 30 June 2022, a summons to attempt a settlement, or commencement of mediation, will no longer interrupt the limitations period for claims. Instead, the limitations period will be suspended for the duration of these proceedings. Is this the end of an easy method to evade the statute of limitations? And have lawmakers carefully considered the consequences of suspending time limits that now usually expire at the end of the calendar year?

What can a public procurement contractor do if contractual indexation does not make the amount of the contractual fee realistic, or if no indexation clause is provided for in the contract? In such a case, is modification of the contract an obligation or a right of the contracting authority?

A government bill on port reception facilities for waste from ships (print no. 2223) was released in May 2022. The bill would implement into Polish law Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, and is intended to adapt Polish ports to global and local market requirements.

This time Anna Olejniczak-Michalska from the firm’s Private Client practice discusses the topic of property regimes for international couples living in Poland.

 

As the host of the procedure, in the contract documentation the contracting authority should specify the formal and technical requirements for a bid bond. In some procurement procedures, the contracting authority requires contractors to submit a bid bond with a validity extending beyond the bid validity period. In a recently issued ruling, the National Appeal Chamber opined on whether such provisions of the terms of reference are permissible, or are invalid by virtue of law (case no. KIO 3482/21).

For many years, the consortium has been a familiar form of cooperation between businesses pursuing public contracts. But this construction still raises legal questions, especially when a dispute arises and goes to court. Because this structure is deceptively similar to an ordinary partnership, sometimes it is unclear which members of a consortium may participate in court proceedings. The Supreme Court of Poland examined this issue in its judgment of 30 June 2021 (case no. III CSKP 75/21).

Often, debtors’ shares in companies are subject to seizure in security or enforcement proceedings. But the debtor does not lose its status as a shareholder in the company after the shares are seized, and the creditor still remains a third party with respect to the company. Thus the debtor may continue to exercise the corporate rights attached to the seized shares, making it difficult for the creditor to satisfy its rights. So it is worth remembering the possibility of challenging corporate resolutions, and appointing a receiver for shares seized in enforcement or security proceedings.

Companies’ increased interest in offshore wind energy makes the legal regulations in this area a subject of interest for the parliament, which is trying to upgrade the regulations. The latest changes are intended to ensure safety during construction and operation of offshore wind farms.

A proposal to amend the regulations on issuance of project permits was released on 18 May 2022. The proposal is expected to streamline development procedures, primarily for issuing decisions on environmental conditions.