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Jurisdiction in divorce cases with an international element
Many of us spend part of our lives abroad. Some migrate permanently but maintain strong ties with their country of origin. Some share their life between several countries, becoming citizens of the world with several passports, holding voting rights and real estate on different continents. For such people, a divorce may have global implications. For spouses with significant assets, the division of property is a real challenge. But while money is divisible, children are not. The determination or choice of the appropriate jurisdiction may prove crucial for proper safeguarding of litigants’ interests.
Soap commercials: Intellectual property disputes during the COVID-19 pandemic
The rapid boom in cleaning products suggested that this could be a sector where the first coronavirus-related IP disputes might arise. And so it has proved.
Expiry of mutual obligations of parties to lease agreements in shopping centres
As a result of the parliament’s intervention, mutual obligations of parties to lease agreements in shopping centres are deemed to have “expired.” Does that mean that the lease agreements have expired?
State Treasury liability for legal injury during the pandemic
Declaration of a state of epidemiological threat and then a state of epidemic, and other legal acts, entails not only introduction of commands and prohibitions in everyday and professional life but also various types of restrictions on business operations. Doctors may be directed to work in hospitals for infectious diseases. Businesses are saddled with new restrictions causing them to generate significant losses. Can damages be sought from the State Treasury due to these restrictions?
Would a state of extraordinary measures change the issue of damages for businesses?
No one expects the Polish State Treasury to bear full responsibility for businesses’ losses due to the coronavirus epidemic. However, the regulations should provide some recompense for parties injured by the introduction of sweeping commands, limitations and prohibitions on business operations. This is required first and foremost by concern for the state of the national economy for which businesses are the driving force.
Public contracts connected with COVID-19 not subject to the rigours of the Public Procurement Law
The pandemic requires immediate response and rapid launch of solutions for combating the coronavirus and its socio-economic impacts. Thus the Anti-Crisis Act includes provisions allowing contracts for fighting the pandemic to be awarded without following lengthy formal procedures.
Modification of contracts and contractual penalties in public contracts in the face of the pandemic
As a result of the pandemic, many planned and existing contracts have been paralysed. The uncertain situation forces the parties to cease performing contracts or at least poses barriers to performance. In this situation, can they change the contract? Will they have to pay contractual penalties and damages? The Anti-Crisis Act comes to their aid.
President of UOKiK at war with price-gougers
The president of the Office of Competition and Consumer Protection (UOKiK) has declared war on sellers unfairly raising prices of products during the COVID-19 pandemic. One of the instruments proposed by the regulator in combating this pathology is establishment by the Ministry of Development of maximum prices and margins on products essential from the perspective of consumers’ interests (a change included in the recent amendment to the Anti-Crisis Act). On this occasion it is worth reviewing the authority vested in the president of UOKiK to regulate product prices under current law.
Anti-Crisis Shield and UOKiK proposals for (temporary) tough times
The amendment to the Anti-Crisis Act includes proposals drafted by the Office of Competition and Consumer Protection (UOKiK), intended to increase the financial security of households, ensure access to vital goods and services, and combat price speculation and unjustified increases.
Merger control during the epidemic
In light of the difficulties associated with the coronavirus epidemic, and joining the global trend under the hashtag #flattenthecurve, competition authorities around the world, including Poland, are introducing, more or less officially, extraordinary operating procedures to avoid spreading the coronavirus. This can have a major impact on proceedings before these authorities, including filing and consideration of applications seeking approval of concentrations.