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Notification of foreign joint ventures: Another change in the UOKiK guidance on extraterritoriality
On 2 April 2025, the Office of Competition and Consumer Protection (UOKiK) published another update of the guidelines on the criteria and procedure for notification of intended concentrations. This time UOKiK clarified its interpretation of the “effects doctrine” (extraterritoriality principle) regarding joint ventures. As indicated in the communication from UOKiK, the aim is to reduce the number of foreign concentrations notified to the Polish competition authority.
Annulment of a marriage with a ruling of bad faith of one of the spouses: What are the legal consequences?
The Family and Guardianship Code contains a catalogue of impediments preventing entering into a marriage. If a marriage is concluded despite the existence of impediments, the marriage is valid but can be annulled by a court ruling. Also, when declaring a marriage invalid, the court will decide whether the marriage was made in bad faith, and if so, which spouse acted in bad faith.
Can a spouse’s mental illness be grounds for divorce?
One of the reasons people dissatisfied with their marriage decide to file for divorce is their spouse’s mental illness. As the number of persons receiving psychiatric treatment is on the rise, and the legal consequences of divorce are substantial, it is worth clarifying when mental illness is sufficient grounds for ending a marriage, and if so, which disorders would qualify.
State aid in due diligence: What to know before conducting an M&A transaction
Usually, before a business decision is made to merge with or acquire a company, its financial and legal situation is analysed. In this assessment, sometimes state aid is overlooked and not considered a significant risk factor. However, M&A transactions almost always affect the conditions of aid obtained by the company from public funds. The most common source of risk is a change in the status of the business entity (which could mean that the aid becomes improper) or failure to comply with procedures under aid agreements. A finding that state aid was undue or misused may result in an obligation to repay the aid, as well as other legal and financial consequences.
Amendment to the Polish Sanctions Act: Key changes and new obligations
An act amending the Polish Sanctions Act will enter into force on 26 February 2025. It introduces significant changes to improve the enforcement of sanctions in Poland. But it also poses new compliance challenges for companies. Below we discuss the key points of the amendment.
Human oversight of AI systems
In its lofty aims and declarations, the EU’s Artificial Intelligence Act clearly calls for human oversight of AI systems. But drilling down to the particular duties of entities using AI systems, the AI Act isn’t so clear. This article seeks to outline the key challenges in this context facing providers and users of AI systems.
Sanctions for violations of the Agricultural System Act
The primary stated purposes of the Agricultural System Act of 11 April 2003 are to strengthen family farms in Poland, ensure the country’s food security, and promote sustainable agriculture with an emphasis on environmental protection. Therefore, the act imposes severe sanctions for violation of its provisions: nullity of the transaction or forced buyout of the agricultural property.
Restrictions on trading in shares under the Agricultural System Act
Before any transfer of shares in companies, it is essential to analyse the transaction in the context of the restrictions on share trading under the Agricultural System Act. If any of the subsidiaries holds an agricultural property (of at least five hectares), it may be necessary to notify the National Support Centre for Agriculture. Failure to notify the transaction will invalidate the transaction.
Obligations of the purchaser of agricultural property
The current provisions have greatly restricted the possibility of trading in agricultural property, introducing a number of requirements that must be met before acquiring such property. But it doesn’t end there. The Agricultural System Act imposes a number of obligations on the owner following the acquisition.
Proceedings before the National Support Centre for Agriculture: Obtaining approval for acquisition of agricultural property
The procedure for obtaining approval for acquisition of agricultural property is highly formalised. Not every entity is eligible to acquire agricultural property. For example, this cannot be done by a commercial company interested in starting agricultural activity. Additionally, strict requirements have been enacted governing the price at which the vendor can offer agricultural property for sale.
