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Polish Hydrogen Strategy for 2030
On 7 December 2021, the Polish government officially announced its Polish Hydrogen Strategy for 2030 with a view to 2040. The announcement came at a perfect time, amid price turbulence on the natural gas market in Europe and growing doubts whether natural gas (of which Europe has too little) is still a reasonable transition fuel for decarbonisation of the economy.
Prospectus for residential developments
A developer commencing sales of residential units or single-family houses in Poland must prepare a prospectus for the property. The prospectus should include information on other projects planned in the vicinity of the development. In this regard, the current provisions are imprecise and raise concerns. Does the new Developers Act eliminate them?
Reservation agreement: What shape will it take under the new Developers Act?
One of the new features of the new Developers Act is comprehensive regulation of the reservation agreement, so far not governed by separate provisions. It is worth thoroughly analysing the shape the drafters decided to give to this type of agreement when introducing it officially into the Polish legal system.
The new Developers Act: What will change?
During the decade after the current Developers Act entered into force in Poland, it was repeatedly argued that its provisions were vague or diverged from the market reality, so that the act did not live up to the hopes placed in it. As a result, in the last few years, work was undertaken to introduce a new law to fill the existing gaps and, above all, provide greater protection for buyers of residential units and single-family houses.
When should non-price criteria for bid evaluation be verified?
Some characteristics of the performance offered by a contractor can only be verified at the contract performance stage. But if such non-price criteria are supposed to be considered when evaluating bids, verification only at the stage of contract performance renders these criteria illusory, as the contractors compete on the basis of price anyway. So far, decisions from the National Appeal Chamber have allowed the use of such criteria. But on 18 December 2020, the Warsaw Regional Court issued a judgment holding that the characteristics of the performance offered by a contractor should be verified before selecting the most advantageous bid. Will this judgment change the approach taken by the National Appeal Chamber?
Tales from the National Appeal Chamber: Can a discrepancy in a bid price between figures and words be treated as a typographical error?
Sometimes typos occur when preparing bid documents, and can be corrected by the contracting authority if the contractor provides the required clarification. But not all mistakes can be cured, especially those concerning the bid price, as they directly affect the contractor’s position in the ranking. An example of such a mistake is when a price is given in figures and then restated differently in words. The National Appeal Chamber explained in its ruling of 1 June 2021 (case no. KIO 1040/21) why such a mistake cannot be corrected.
Quest: Listing on the Warsaw Stock Exchange
The game development market in Poland and worldwide is steadily growing, and ambitious companies from the game sector are looking for ways to increase brand recognition and raise funds for new productions. This leads them to consider listing their shares on the stock exchange. So the question is, who can go public, what is to be gained from doing so, and how to go about it?
Tales from the National Appeal Chamber: When can a performance bond exceed 5% of the total bid price or the value of the contracting authority’s liability?
When preparing contract documents, the contracting authority must decide the amount of the performance bond it will demand. As a rule, this security should amount to 5% of the total bid price or the value of the contracting authority’s liability. But when can this threshold be exceeded, and to what maximum value? This and other questions were answered in the ruling of the National Appeal Chamber of 21 October 2020 (KIO 1381/20).
Holding law: Proposed amendment to the Commercial Companies Code
On 2 September 2021, a government bill to amend the Commercial Companies Code and other acts was submitted to the Sejm for a first reading. Among other things, the bill would introduce new principles into the Polish legal system in the form of a holding companies law, regulating the cooperation between parent companies and their subsidiaries. The rules for liability of management board and supervisory board members are also to be amended, vesting broader powers in supervisory boards to make corporate governance more effective.
Image crises and the influence of culture and history on video games
There is no single recipe for success in the video game market, but some causes of problems at the distribution stage are clear. In this article, we take a cultural and historical look at the content of games. These aspects may force the producer to introduce changes in such areas as quests or a character’s appearance or “skin.” It is not always enough to meticulously analyse the game content for intellectual property issues. Sometimes it will be better to abandon some content ideas or even create several versions of a game, adapting the content to the market where the game is to be distributed.