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The Foreign Subsidies Regulation in practice: First cases and first conclusions
Pursuant to the EU’s Foreign Subsidies Regulation (2022/2560), the European Commission may, at its own initiative, investigate any foreign subsidy covered by the regulation, in any sector of the economy, relying on information from all available sources. The Commission may also review foreign subsidies based on advance notification by the company, especially in the case of large concentrations and procurement procedures exceeding certain thresholds.

Sports and television: How to reconcile profit with the right to information
This year’s huge sporting events—the recently concluded European football championship and the Summer Olympic Games in Paris—are a good opportunity to look at regulations for broadcasting major events. In this article, we write about the events covered by the regulations, the obligations imposed on broadcasters, and the sanctions for non-compliance.

How the proximity of an airport can block the development process
Approval of the master plan for Warsaw Chopin Airport in July 2023 has paralysed real estate development in the city. Why? And is there a cure?

The European defence industry urgently needs investment
For years, the European defence industry has been oriented towards peacetime production, resulting in low capacity. The war in Ukraine quickly exposed this, as well as the severe underinvestment which the EU’s defence sector has suffered from for years. Optimistically, the growing demand for defence equipment has also quickly raised the awareness that production capacity needs to be increased. But now this conviction must translate into action, first of all in the form of increased financial support.

EU law on medical devices: New transition periods and other changes
Amendments to the EU’s provisions on medical devices were published in the Official Journal on 9 July 2024. The new rules will begin to apply six months after publication (i.e. from 10 January 2025). In vitro diagnostic devices are gaining extended certificate validity and longer transition periods. The EUDAMED database can be launched in steps, which should speed up the mandatory use of the modules that are now ready. Meanwhile, manufacturers and other participants in the distribution chain have a new obligation to report problems with availability of medical devices.

Not all public assistance is state aid
Granting of state support in the EU, which businesses are increasingly taking advantage of, is based on a set of common principles. Mainly these include compatibility with the internal market, achievement of an objective of common interest, a clear incentive effect, proportionality, and full transparency. Violation of these rules when granting public support may mean a grant of unlawful state aid, incompatible with the common market and subject to recovery.

Deregulated public procurement
A proposal to cut red tape for businesses in Poland could backfire against contractors in procurement appeals.

News from Poland—Business & Law, Episode 46: NIS2 EU Directive: Why should management be responsible for cybersecurity?
The newest episode of News from Poland is devoted to the topic of personal responsibility of management bodies for compliance with cybersecurity regulations and standards, particularly with the EU NIS2 Directive and its upcoming transposal to Polish law.
The subject is explained by Jakub Barański, adwokat and partner from the firm's Dispute Resolution Practice.
The subject is explained by Jakub Barański, adwokat and partner from the firm's Dispute Resolution Practice.

Fashion in video games
The growing role of fashion in the world of video games was confirmed by the Roblox report published in November 2023 analysing the behaviour of Gen Z. The survey found that for 84% of respondents, digital fashion is an important part of the game, with 56% of respondents admitting that their avatar’s appearance is just as important to them as their own real-life appearance—up from 42% the year before.

Tales from the National Appeal Chamber: Requiring additional evidence is an unreasonable barrier to fee indexation
The last two years in the public procurement market have been stormy. The Covid-19 pandemic and the war in Ukraine have caused a steady and dynamic increase in the prices of materials and services, and disrupted supply chains, translating into record inflation rates and unprecedented fee increases. With this tough economic situation directly affecting the market, contractors have faced the difficult task of indexing their fees in public contracts. The National Appeal Chamber, which hears challenges in public procurement matters in Poland, gave essential guidance on this issue in its ruling of 28 November 2023 (case no. KIO 3389/23).
